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Essay Available:
Pages:
1 page/≈275 words
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Style:
APA
Subject:
Law
Type:
Coursework
Language:
English (U.S.)
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Topic:

Harper & Row Publishers Inc v. Nation Enterprises

Coursework Instructions:

Read and Brief Harper and Row V. Nation

Case name (ex: Brandenburg v. Ohio)

Court that is hearing the case (ex: Supreme Court of the United States)

Procedural history: (How did the case get in front of the current court?)

Example:

  • Trial: Brandenburg was convicted and sentenced $1000 and 1-10 years in prison
  • OH appeals court à affirmed
  • OH Supreme Court à dismissed appeal

Facts (What are the most important facts about this case? List them in paragraph or bullet form.)

The Issue (What is the issue/question the court is deciding?)

Example: Is the Ohio law that punishes people, such as plaintiff Brandenburg, for advocating violence as they appeal for political change constitutional under the First Amendment?

Rule (What rule/test does the court create or apply?)

Reasons (What reasons did the court give for coming to its conclusion?)

 

Judgment (Who won/lost, and why? Summarize in a sentence)

 

Note dissenting/concurring opinions (offer a few bullet points in summary)

 

 

Coursework Sample Content Preview:

Harper & Row v. Nation
Student’s Name
Affiliation
Course
Professor
Due Date
Harper & Row v. Nation
Procedural History:
* During the initial trial, District Court for the Southern District of New York determine that the Nation’s published piece did not fall under “fair use” as sanctioned by the § 107 of the Copyright Act. Consequently, the Court awarded damages to the tune of US$ 12,500.
* The Court of Appeals for the Second Circuit reverses the ruling from the District
Facts
* Former President Gerald R. Ford entered into a contract with the petitioners, Harper & Row and Reader’s Digest giving them the opportunity to publish his memoirs in February 1977.
* In the contract, the petitioners were granted the right to license “first serial rights.” The petitioners negotiated the first serial rights with Time, entering into a contract worth US$ 25,000 payable in two installments.
* Exclusivity was a key element of the contract with Time holding the right to renegotiate payment in the event of breach of exclusivity.
* Before the scheduled release of the Time’s article, the respondent Nation received a copy of the manuscript from an unknown person. The editor of Nation, Victor Navasky published a story put together from the manuscript.
* As a result, Time cancelled its piece and did not pay the second instalment of US$ 12,500.
The Issue
* Can the Nation’s unauthoriz...
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