Meredith Corp. v. Harper & Row, Publishers, Inc.

OPINION

OWEN, District Judge.

Following the ten-day trial of this action, plaintiff Meredith Corp. and additional defendants Brian Sutton-Smith and Prentice-Hall, Inc. conceded in their post-trial memorandum: “It is apparent from the record and in fairness to the Court and to the other parties, plaintiff and additional defendants are prepared to admit, based on a detailed study of the record, that in some respects (involving less than eleven percent of the Brian Sutton-Smith book) something more than fair use of the Mussen, Conger and Kagan text was made.” (Br. p. 13). And further that “ . .…