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WINWAR v. TIME

Civ. 48-673.

83 F.Supp. 629 (1949)

WINWAR v. TIME, Inc. et al.

United States District Court S. D. New York.

March 14, 1949.

Attorney(s) appearing for the Case

Sol Dubow, of New York City, for plaintiff.

Cravath, Swaine & Moore, of New York City (Harold H. Medina, Jr., and Eugene E. Ford, both of New York City, of counsel), for defendant Time, Inc.

GODDARD, District Judge.

That defendant had access to plaintiff's copyrighted book "George Sand & Her Times" is conceded, and it is also admitted that defendant's article contains one passage taken from plaintiff's book which defendant contends was permitted under the "fair use" doctrine. The article also contains a number of similarities of expression which it is alleged were also taken from plaintiff's book. Where these expressions originated and the facts relating...

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