Re: Copyright & Discovery

From: Gloria Phares <gcphares[_at_]pbwt.com>
Date: Mon, 09 Nov 1998 10:45:19 -0500

On Nov. 6, Bob Stock <bstock[_at_]ucla.edu> wrote:
>
> The other side serves a set of requests for document production on
> you. One of the individual requests demands that you copy a software
> manual. That manual has a valid copyright and you don't own it.
> *Can* you object (assume there are no other grounds for objecting)
> to the request because to comply would require infringing the software
> manual copyright? *Must* you object? Is copying the manual fair use?

I'm not addressing the "must" issue. Re the "can" issue, you might be interested in knowing that one of the examples that the House Report to the 76 Act gives as an example of fair use is "reproduction of a work in legislative or judicial proceedings or reports."

Gloria C. Phares
Patterson, Belknap, Webb & Tyler LLP (NYC) gcphares[_at_]pbwt.com Received on Mon Nov 09 1998 - 15:46:27 GMT

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