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FRASIER v. ADAMS-SANDLER, INC.

No. 95-1806.

94 F.3d 129 (1996)

Richard A. FRASIER, Plaintiff-Appellee, v. ADAMS-SANDLER, INCORPORATED, Defendant-Appellee, and Ameriprint, Incorporated; David B. Morey; James Horwitz, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 23, 1996.

Attorney(s) appearing for the Case

ARGUED: John M. DiJoseph, Sattler & DiJoseph, Arlington, Virginia, for Appellant. Henry St. John Fitzgerald, Arlington, Virginia, for Appellee. ON BRIEF: Richard Matto, Arlington, Virginia, for Appellee.

Before ERVIN and WILKINS, Circuit Judges, and NORTON, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge NORTON wrote the opinion, in which Judge ERVIN and Judge WILKINS joined.

OPINION

NORTON, District Judge:

This case presents the question of whether a party can be held liable for copyright infringement without ever using, copying, or otherwise exploiting the copyrighted material. For the reasons set forth below, the court finds that mere withholding of copyrighted material, under the facts of this case, does not...

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