Penguin Random House LLC et al v. Frederick Colting et al.
| Penguin Random House LLC, Simon & Schuster, Inc., Alan U. Schwartz, John Sampas, John Lash, Nancy Bump, Anthony M. Sampas, The Dr. Arthur C. Clarke Trust, Hemingway Copyrights, L.L.C., Patrick Hemingway and Carol T. Hemingway Revocable Living Trust and The Hemingway Family Trust |
| Frederick Colting and Melissa Medina |
| 1:2017cv00386 |
| January 19, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jed S. Rakoff |
| Copyrights |
| 17 U.S.C. ยง 101 |
| None |
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Filing
53
OPINION AND ORDER re: 21 JOINT MOTION for Summary Judgment, 22 MOTION for Summary Judgment, and 27 MOTION for Summary Judgment (Revised). As defendants make no effort to show that Congress lacked such a rational basis for providing plaintiff s an exclusive right to exploit derivative works, including children's adaptations, this Court cannot provide defendants with the relief they are seeking. In sum, given the clearly infringing nature of defendants' Guides, and the fact that that the Guides are unauthorized derivative works that do not primarily critique or parody plaintiffs' Novels but rather reproduce, albeit in a different form, plaintiffs' "original work of authorship," no reasonable trier of fac t could find for defendants in this case. The Court therefore, in its Order of July 28, 2017, granted summary judgment to the plaintiffs on all nine counts of infringement and rejected the affirmative defense of fair use as a matter of law. The Clerk of the Court is hereby directed to close the motions at docket entry number 21, 22, and 27, and as further set forth herein. (Signed by Judge Jed S. Rakoff on 9/7/2017) (ras)
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