HOLT, RINEHART & WINSTON, INC. v. WOLMAN


47 A.D.2d 874 (1975)

Holt, Rinehart and Winston, Inc., Respondent, v. Benjamin B. Wolman et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 8, 1975


The record presents issues of fact which preclude the granting of summary judgment. Some of those issues are as follows: Whether the use of the allegedly plagiarized materials consisting of approximately 22 to 35 pages in a manuscript totaling about 1,200 pages constituted a breach of the warranty of originality; whether use of such materials was proper — coming within the doctrine of "Fair Use"; whether the proper consents were obtained, thereby permitting use of...

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