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HARCOURT, BRACE & WORLD, INC. v. GRAPHIC CONTROLS CORP.

No. 68 Civ. 4035.

329 F.Supp. 517 (1971)

HARCOURT, BRACE & WORLD, INC., Plaintiff, v. GRAPHIC CONTROLS CORPORATION, Defendant.

United States District Court, S. D. New York.

As Amended May 12, 1971.

On Motion for Reconsideration and Clarification July 27, 1971.

Attorney(s) appearing for the Case

Linden & Deutsch, New York City, for plaintiff; David Blasband, Frederick F. Greenman, Jr., New York City, of counsel.

Amster & Rothstein, New York City, Kegan, Kegan & Berkman, Chicago, Ill., for defendant; Esther O. Kegan, Chicago, Ill., George Gottlieb, New York City, of counsel.

LASKER, District Judge.

Both parties here seek summary judgment and present the court with a novel and difficult question of law: Are printed answer sheets, created for use in conjunction with student achievement and intelligence tests and designed to be corrected by optical scanning machines, the proper subject of copyright?

For the reasons set forth in the discussion below, we hold that such answer sheets are subject to the protection of the Copyright Act...

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