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SILVERSTEIN v. PENGUIN PUTNAM, INC.

No. 03-7363.

368 F.3d 77 (2004)

Stuart Y. SILVERSTEIN, Plaintiff-Appellee, v. PENGUIN PUTNAM, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 7, 2004.

Attorney(s) appearing for the Case

Richard Dannay, Cowan, Liebowitz & Latman, New York, NY (Thomas Kjellberg, on the brief), for Appellant.

Mark A. Rabinowitz, Neal, Gerber & Eisenberg LLP, Chicago, IL (Michael A. Carrillo, on the brief), for Appellee.

Before: WINTER, JACOBS, and STRAUB, Circuit Judges.

JACOBS, Circuit Judge.

In 1996, Stuart Y. Silverstein published a book of Dorothy Parker poems that had not been collected in the three volumes of poetry she published in her lifetime, and that Silverstein had mined chiefly from old magazines and newspapers. Silverstein claims copyright in the selection and arrangement of those poems. (The owner of Mrs. Parker's copyright is not involved in this litigation.) Penguin Putnam, Inc. ("Penguin") was offered the opportunity...

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