In this case, Defendant was preparing a series of essays in a book, and requested permission to quote extensively from interviews in Plaintiff’s book. Despite the denial of permission, Defendant included numerous verbatim quotations in his book. The Second Circuit Court of Appeals was asked to decide whether the District Court properly granted summary judgment in favor of the defendant on the basis of fair use in an action for copyright infringement. The Second Circuit concluded from their evaluation of the factors that the fair use defense was properly sustained as a matter of law. They affirmed the District Court’s grant of summary judgment in favor of defendant.
Maxtone-Graham v. Burtchaell
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