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Rosemont Enterprises, Inc. v. Random House, Inc.

United States Court of Appeals for the Second Circuit

366 F.2d 303 (1966)

Facts

Howard Hughes—a Biography was written by John Keats (defendant) and published by Random House, Inc. (defendant) in 1966. The book drew on various previously published materials, including a series of articles entitled “The Howard Hughes Story” published in Look Magazine in 1954. Keats attributed quotes and paraphrased information he included in the book to the author of the articles. Individuals associated with Howard Hughes formed Rosemont Enterprises, Inc. (Rosemont) (plaintiff) in 1965 and acquired the copyrights to the magazine articles. Rosemont then brought a copyright-infringement claim against Keats and Random House over the book’s use of the magazine articles. Rosemont sought a preliminary injunction against publication of the book. The district court granted the injunction. Keats and Random House appealed. The United States Court of Appeals for the Second Circuit granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Moore, J.)

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