MAXTONE-GRAHAM v. BURTCHAELL

No. 92, Docket 86-7349.

803 F.2d 1253 (1986)

Katrina MAXTONE-GRAHAM, Plaintiff-Appellant, v. James Tunstead BURTCHAELL, Andrews & McMeel, Inc., and Harper & Row Publishers, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 15, 1986.


Attorney(s) appearing for the Case

Steven L. Abel, Reeder, Abel & Kossin, New City, N.Y., for plaintiff-appellant.

David R. Schlee, Smith, Gill, Fisher & Butts, Inc., Kansas City, Mo., Randy Lipsitz, Bluhm, Kaplan, Friedman, Silberman & Beran (of counsel), New York City, for defendants-appellees.

Before KAUFMAN, WINTER and PRATT, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

Nearly half a century ago, a distinguished panel of this Court including Learned Hand called the question of fair use "the most troublesome in the whole law of copyright," Dellar v. Samuel Goldwyn, Inc., 104 F.2d 661, 662 (2d Cir.1939) (per curiam). That description remains accurate today. Since Judge Hand's time, the common law doctrine has been...

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