Stuart Waterstone

[Waterstone]

INTELLECTUAL PROPERTY 3. COPYRIGHT

Spiro Agnew resigned as VP; Nixon appointed Ford VP. In ’74 the Watergate scandal erupted, Nixon resigned, Ford acceded presidency, Ford pardoned Nixon. Ford was defeated by Carter in ‘76. In 1973, Ford entered a contract w/ Harper & Row, to publish book memoirs. They were to contain significant unpublished materials concerning Watergate & and Ford's personal reflections on that time. The Publisher instituted security measures to protect the confidentiality of the manuscript. Several weeks before released, an unidentified person secretly brought a copy of the manuscript to Navasky, the editor of The Nation. The Nation was a weekly political commentary magazine. Navasky, knowing that possession of purloined manuscript was not authorized, produced a 2,250-word piece titled "The Ford Memoirs" and published it in the The Nation. The article contained verbatim quotes of between 300-400 words, including some of most important parts. Harper & Row sued for copyright infringement. What defense will The Nation use to deny the infringement charge of Ford and Harper and Row. Who wins, and why.