Opinion · Supreme Court of the United States

Maxtone-Graham v. Burtchaell

481 U.S. 1059

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1987-05-18
Topic
general

How later courts describe this case

  • finding no market harm where pro-ehoiee work was excerpted in antiabortion book because of differing viewpoints and editorial formats
  • finding defendant entitled to summary judgment on fair use defense when plaintiff was unable to provide evidence of future harm
  • “Only an unduly narrow reading of the language of Sony Corp. and an inattention to the context could lead to the conclusion that the Court intended to attach heightened significance to the element of commerciality”
  • “[cjommercial uses also serve the important function of educating the public”

Citator

UpLaw has not yet analyzed Maxtone-Graham v. Burtchaell. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
42 opinions

C. A. 2d Cir. Motion of American Society of Journalists and Authors, Inc., for leave to file a brief as amicus curiae granted. Certiorari denied.