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PACIFIC AND SOUTHERN CO., INC. v. DUNCAN

No. 83-8782.

744 F.2d 1490 (1984)

PACIFIC AND SOUTHERN COMPANY, INC., d/b/a WXIA-TV, Plaintiff-Appellee, Cross-Appellant, v. Carol DUNCAN, d/b/a TV News Clips, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied December 7, 1984.

Attorney(s) appearing for the Case

L. Ray Patterson, Atlanta, Ga., for defendant-appellant, cross-appellee.

James C. Rawls, V. Robert Denham, Jr., Atlanta, Ga., for plaintiff-appellee, cross-appellant.

David R. Aufdenspring, Atlanta, Ga., amicus curiae, for CBS, Inc.

Before FAY and JOHNSON, Circuit Judges, and YOUNG, District Judge.

Rehearing and Rehearing En Banc Denied December 7, 1984.

JOHNSON, Circuit Judge:

Pacific and Southern Company, the owner of a television station, charges that Carol Duncan, d/b/a TV News Clips, has infringed its copyright by videotaping its news broadcasts and selling the tapes to the subjects of the news reports. We hold that the appellant has violated the copyright laws because her activities do not constitute "fair use" of the material. We also conclude...

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