On Wed, 14 May 1997, Michael Lean <m.lean[_at_]qut.edu.au> wrote:
>
> Can someone enlighten me as to what the cake booklet case was,
> please?
Marcus v. Rowley, 695 F.2d 1171 (9th Cir. 1983).
Plaintiff wrote a 35-page booklet about cake decoration, of which 29 pages were original. Defendant enrolled in one of plaintiff's cake decorating classes and then developed her own 24-page booklet, admitting that 11 of the 24 pages were copied from plaintiff's without permission or attribution.
The court analyzed the case under both fair use and the classroom guidelines and determined that it was excused by neither.
"Rowley's LAP work, which was used for the same purpose as plaintiff's booklet, was quantitatively and qualitatively a substantial copy of plaintiff's booklet with no credit given to plaintiff. Under these circumstances, neither the fact that the defendant used the plaintiff's booklet for nonprofit educational purposes nor the fact that plaintiff suffered no pecuniary damage as a result of Rowley's copying supports a finding of fair use."
This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:25 GMT