Re: attorney's work and copyright

From: Steven D. Jamar <sjamar[_at_]law.howard.edu>
Date: Fri, 6 Sep 1996 10:35:09 -0400

> 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_]u.washington.edu>

I can see it now - a new cottage industry for Rule 11 lawyers -- the copyright-infringements-of-pleadings-during-litigation Rule 11 specialists. :-)

Cheers,
Steve Jamar

Prof. Steven D. Jamar
Dir. LRW Program

Howard University School of Law
2900 Van Ness Street NW
Washington, D.C. 20008
sjamar[_at_]law.howard.edu voice: 202-806-8017 fax 202-806-8428 Received on Fri Sep 06 1996 - 14:46:59 GMT

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