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| Harper & Row Publishers, Inc. v. Nation Enters. ： ウィキペディア英語版 |
Harper & Row v. Nation Enterprises
''Harper & Row v. Nation Enterprises'', 471 U.S. 539 (1985), was a United States Supreme Court decision which determined fair use is not a defense to the appropriation of work by a famous political figure because of the public interest in learning of that political figure's account of a historic event.
==Facts==
Former President Gerald Ford had written a memoir, ''A Time to Heal (memoir)'', including an account of his decision to pardon Richard Nixon. Ford had licensed his publication rights to Harper & Row, which had contracted for excerpts of the memoir to be printed in ''Time''. Instead, ''The Nation'' magazine published 300 to 400 words of verbatim quotes from the 500-page book without the permission of Ford, Harper & Row, or ''Time'' magazine. Based on this prior publication, ''Time'' withdrew from the contract (as it was permitted to by a clause therein), and Harper & Row filed a lawsuit against ''The Nation'' for copyright infringement. ''The Nation'' asserted as a defense that Ford was a public figure, and his reasons for pardoning Nixon were of vital interest, and that appropriation in such circumstances should qualify as a fair use.
A Federal trial judge ruled in favor of Harper & Row and awarded damages. The Second Circuit Court of Appeals reversed the ruling, finding that ''The Nations actions in quoting the memoirs were protected by fair use privilege. Harper & Row appealed this ruling to the Supreme Court.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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