Re: attorney's work and copyright

From: Harold Federow <hfederow[_at_]>
Date: Wed, 04 Sep 1996 11:48:44 -0800

On 04 Sep 96 01:50:54 EDT 73321.1225[_at_]CompuServe.COM (MATTHEW KRIGBAUM) wrote:
> This is a follow-up question about copyright infringmenet and work
> produced by an attorney. We had drafted some carefully research and
> thoughtout interrogatories and request's for production. These were
> served on the other party and three days later we were served with
> their set of interrogatories. What we were served with is in most
> instances a verbatim copy of what we had drafted. Would this fit
> under copyright infringement or would the doctrine of merger apply
> or a fair use argument apply?

There might be a fair use argument. But suppose there is a copyright and they violate it. What will you do? Ask for sanctions from the judge? My bet if you do that the judge will award sanctions against you and it could prejudice your client's case. Are you going to sue for infringement in a separate case?

Technically you may have a point, but practically, I wouldn't waste time on it. Consider it a compliment.

Harold Federow
<hfederow[_at_]> Received on Wed Sep 04 1996 - 18:46:12 GMT

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