Posts Tagged ‘sarah palin’

Gawker and HarperCollins Settle Suit Over Palin Excerpt

Monday, November 29th, 2010

Digital Spy reports there was a quick settlement after HarperCollins sued Gawker for copyright infringement for publishing excerpts of Sarah Palin’s new book, America By Heart, in advance of its public release.

(My previous post, speculating on the merits of a fair-use defense in this case, is here.)

Gawker Posts Palin Excerpt, Then Backs Off

Monday, November 22nd, 2010

Sarah Palin's America by Heart bookcoverMegablogger Gawker posted excerpts of Sarah Palin’s book, America By Heart, ahead of its release to bookstores. Palin reacted in a tweet: “The publishing world is LEAKING out-of-context excerpts of my book w/out my permission? Isn’t that illegal?”

Gawker responded, claiming fair use. But the Associated Press reports that HarperCollins, the book’s publisher, filed a federal copyright-infringement lawsuit against Gawker on Friday.

Gawker, despite maintaining indignancy, has, according to the AP, pulled the exerpted pages down.

So, was it fair use?

Without knowing exactly what Gawker posted and how it fits into to Palin’s book, my initial, very strong, reaction is no, it’s not fair use.

There is actually a U.S. Supreme Court opinion remarkably close on the facts. In Harper & Row Publishers v. Nation Enterprises, 471 U.S. 539 (1985), the high court held that Nation magazine’s unauthorized advance publication of excerpts of Gerald Ford’s soon-to-be-released A Time to Heal: The Autobiography of Gerald R. Ford, did not qualify as fair use.

Ford’s publisher, Harper & Row, has, by way of merger and acquisition, become HarperCollins, which is Palin’s publisher.

You think HarperCollins will cite that case in their brief?

You betcha.

Fair use is a fuzzy, flexible doctrine that produces unpredictable results when introduced in court. At least usually. But wow, it’s hard to imagine better precedent for a plaintiff than this.

In its post defending its actions, Gawker snottily taunted Palin, “[Y]ou may want to take a moment to familiarize yourself with the law … Or skip the totally boring reading and call one of your lawyers. They’ll walk you through it.”

But Gawker may have penned that jibe before they called their own lawyer.


Little wonder Gawker has now backed off.