Ellen WRIGHT, Plaintiff-Appellant,
v.
WARNER BOOKS, INC. and Margaret Walker, also known as Margaret Walker Alexander, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued May 24, 1991.
Decided November 21, 1991.
Attorney(s) appearing for the Case
Andres J. Valdespino, New York City (Walsh & Valdespino, of counsel), for plaintiff-appellant.
Robert M. Callagy, New York City (Mark A. Fowler, Carol Fein Ross, Satterlee Stephens Burke & Burke, of counsel), for defendants-appellees.
Charles S. Sims, Jon Baumgarten, Proskauer Rose Goetz & Mendelsohn, New York City, for amicus curiae, Ass'n of American Publishers.
Leon Friedman, Hofstra Law School, Hempstead, N.Y., for amicus curiae, PEN American Center.
Floyd Abrams, Cahill, Gordon & Reindel, New York City, for amicus curiae, The Authors Guild, Inc.
William E. Nelson, New York City, for amici curiae, American Council of Learned Societies, American Historical Ass'n, American Political Science Ass'n, Modern Language Ass'n of America, and Organization of American Historians.
Before VAN GRAAFEILAND, MESKILL and McLAUGHLIN, Circuit Judges.
United States Court of Appeals, Second Circuit.
MESKILL, Circuit Judge:
In the words of the district court: "This case presents the next chapter in the continuing narrative of this Circuit's treatment of the fair use defense to a charge of copyright infringement." Wright v. Warner Books, Inc.,748 F.Supp. 105, 107 (S.D.N.Y.1990). The principal question presented is whether defendants' sparing use of creative expression from...
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