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United States
fair useunpublished works
Harper & Row Publishers, Inc. v. Nation Enterprises
471 U.S. 539 (1985)
Key Principle
The unauthorized use of verbatim excerpts from an unpublished manuscript (here, President Ford's memoirs) is not fair use under the Copyright Act, because the author's right of first publication and the effect on the potential market weigh decisively against the user, and public interest in the subject matter does not by itself establish fair use.
Area of Law
General
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