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AUTHORS LEAGUE v. ASS'N OF AMERICAN PUBLISHERS

No. 82 Civ. 5731 (GLG).

619 F.Supp. 798 (1985)

The AUTHORS LEAGUE OF AMERICA, INC. and Irwin Karp, Plaintiffs, v. The ASSOCIATION OF AMERICAN PUBLISHERS, Plaintiff-Intervenor, v. David L. LADD, Register of Copyrights, James Baker, Secretary of the Treasury, and William Von Raab, Commissioner, United States Customs Service, Defendants.

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

October 8, 1985.

Attorney(s) appearing for the Case

Irwin Karp, Port Chester, N.Y., for plaintiff, The Authors League of America, Inc., and pro se.

Paskus, Gordon & Mander, New York City, for plaintiff-intervenor; David S. Klafter, of counsel.

Rudolph W. Giuliani, U.S. Atty. for the S.D. of N.Y., New York City by Frederick M. Lawrence, Jane E. Booth, Asst. U.S. Attys., for defendants.

Brown, Wood, Ivey, Mitchell & Petty, New York City by James K. Manning, and Loomis, Owen, Fellman & Howe, Washington, D.C. by Stephen F. Owen, Jr., James E. Anderson, Richard B. Fellows, Jr., for amici curiae, Book Mfrs.' Institute, Inc., Printing Indus. of America, Inc., and Graphic Communications Intern. Union.

OPINION

GOETTEL, District Judge:

In this action, the plaintiffs seek to challenge the constitutionality of the manufacturing clause of the Copyright Act ("the Act"), 17 U.S.C. §§ 601-603 (1982). That clause forbids the importation or public distribution in the United States of certain copyright publications of American authors or domiciliaries that are manufactured abroad.

The defendants have moved to dismiss the action or, alternatively...

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