Friday, November 26, 2010

Palin Publisher Prevails--Putsdown Pugnacious Poster

Gov. Sarah Palin has breakfast and visits with...Image via WikipediaIn HarperCollins, LLC v. Gawker Media LLC (Case No. 10 Civ.-8782), the U.S. District Court for the Southern District of New York this week sided with the publisher of former Alaska Gov. Sarah Palin's second tome, America by Heart: Reflections on Family, Faith and Flag, against the Gawker blog that published unauthorized excerpts.

The court ordered Gawker to take down the posted excerpts pending a Nov. 30 hearing, but the parties have since settled the dispute, with Gawker promising to keep the Palindrones off its site. The book was released--to bookstores, not the Alaska wild--on Nov. 23.

Gawker had alleged its posting of the Palin segments was protected fair use, a dubious position given the U.S. Supreme Court 1986 decision in Harper & Row Pub. v. The Nation Enterprises (471 U.S. 539), which involved the defendant's pre-publication lifting of roughly  300 words of verbatim quotes from former President Gerald Ford's memoirs. The High Court rejected the fair use defense in the case involving Ford, who like Palin, never served a full-term in office, though through no fault of his own.

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