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NEW ERA PUBLICATIONS INTERN. v. HENRY HOLT & CO.

Nos. 388, 421, Dockets 88-7707, 88-7795.

873 F.2d 576 (1989)

NEW ERA PUBLICATIONS INTERNATIONAL, ApS, A Corporation of Denmark, Plaintiff-Appellant, v. HENRY HOLT AND COMPANY, INC., A New York Corporation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 19, 1989.

Attorney(s) appearing for the Case

Michael Lee Hertzberg, New York City (Eric M. Lieberman, Nicholas E. Poser, David B. Goldstein, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York City, of counsel), for plaintiff-appellant.

Robert M. Callagy, New York City (W. Mallory Rintoul, Mark A. Fowler, Satterlee Stephens Burke & Burke, New York City, of counsel), for defendant-appellee.

Before OAKES, MINER and ALTIMARI, Circuit Judges.

MINER, Circuit Judge:

Preface

We re-visit the doctrine of fair use in this action for copyright infringement brought to enjoin publication of the biography of Church of Scientology founder L. Ron Hubbard and to recover damages for the alleged infringement. The biography, written by Russell Miller, who is not a party to the action, is entitled: Bare-Faced Messiah: The True Story of L. Ron Hubbard (hereafter...

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