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Harper & Row v. Nation Enterprises (docket #: 83-1632) (1985)  [Findlaw]

Argument Date 11/06/1984
Decided 05/20/1985
Supreme Court Vote 6-3
Supreme Court Ruling Free Speech claim denied; ruling the Nation’s article was not "fair use" sanctioned by the Copyright Act.
IssueWhether the Nation’s publication of excerpts of President Ford’s memoirs from an article to be published by Time Magazine, based on a contract under which Time agreed to pay Mr. Ford for the right to excerpt 7,500 words from Mr. Ford’s account of his pardon of former President Nixon, was considered "fair use" under the Copyright Act.
Majority Opinion O’Connor, J. (joined by Burger, C.J., and Blackmun, Powell, Rehnquist, and Stevens, JJ.)
Dissenting Opinion Brennan, J. (joined by White and Marshall, JJ.)
Lower Court 2nd Circuit
Lower Court Ruling Free Speech claim upheld.
Oral Arguments audio record  [Oyez]
For Petitioner
Edward A. Miller

For Amicus
Association of American Publishers, Inc. and Volunteer Lawyers for the Arts (supporting Petitioners)

Association of American Publishers, Inc. and Volunteer Lawyers for the Arts (supporting Petitioners)

Opinion - Lower Court
Harper & Row Publishers, Inc. v. Nation Enterprises, 723 F.2d 195 (C.A.N.Y., 1983)
"‘Nation’ Story Ruled Breach of Copyright," Los Angeles Times, May 20, 1985, sect. A, pg. 2
Goldfarb, Michael, and Segall, Theresa H., "Personalities," The Washington Post, Jan. 27, 1982, sect. B, pg. 2
Greenhouse, Linda, "High Court Sustains Ford Memoir Copyright; High Court Holds Magazine Violated Copyright," New York Times, May 21, 1985, sect. A, pg. 1
Greenhouse, Linda, "Justices Get Case on Ford Memoirs; Unauthorized Publication of Excerpts Pits Press Rights Against Copyright Law," New York Times, Nov. 7, 1984, sect. A, pg. 18
Hager, Philip, "Magazine Broke Law, Court Says; Violation of Copyright Cited in Ford Excerpts," Los Angeles Times, May 21, 1985, sect. B, pg 1
Justice Brennan, "From the Dissent," New York Times, May 21, 1985, sect. A, pg. 20
Justice O’Connor, "From the Opinion," New York Times, May 21, 1985, sect. A, pg. 20
Kamen, Al, "Court Rules Magazine Violated Copyright," The Washington Post, May 21, 1985, sect. A, pg. 5
Lubasch, Arnold H., "Trial Over Article on Ford Memoirs Nears a Close," New York Times, Jan. 28, 1982, sect. B, pg. 7
Margolick, David, "Trial Over Article on Ford Memoirs Begins Today," New York Times, Jan. 25, 1982, sect. B, pg. 3
Ostroff, Ron, "Can News Be Private Property?; Gerald Ford’s Publishers Cry Foul Before the Supreme Court," Feb. 10, 1985, sect. D, pg. 5
Will, George F., "First Amendment - or Profit First?" The Washington Post, May 26, 1985, sect. C, pg. 7
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2nd ed., 2002), sect.
Nowak, John E. & Rotunda, Ronald D., PRINCIPLES OF CONSTITUTIONAL LAW (2ND ED., 2005), sect. 16.17
Law (constitutional, statutory & regulatory)
For Respondent
Floyd Abrams

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