Re: copyright of briefs

Paul Heald wrote:
> >
> > I suggest the answer is "yes". I can't think of any reason, frankly,
> > why the answer would not be "yes".
>
> Maybe they're technically copyrigthable, but wouldn't reprinting
> them certainly be a fair use? Can anyone provide even one reason why
> we should want to see filed briefs not made available to the public
> for copying? The federal courts seem to take the view that
> photocopying is fair use--most will photocopy briefs at your request
> (and charge you a per page copying fee). This is good, isn't it?

Before you just flat out declare that copying briefs is fair use, you have to look beyond just the reading of the briefs. For example, taking portions from your brief filed with a court and incorporating those portions in my brief is somewhat different. I am in that case using your superior research skills and ability to write to make myself look good.

As a note, I prefer the implied license theory better than the fair use theory here for most situations.

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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 1996 Bruce E. Hayden, All Rights Reserved
My work may be copied in whole or part, with proper attribution,
as long as the copying is not for commercial gain.
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Bruce E. Hayden                                  bhayden[_at_]acm.org
Austin, Texas                                    bhayden[_at_]copatlaw.com