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Contracts Keyed to Frier
Random House, Inc. v. Rosetta Books LLC
Citation:
150 F. Supp. 2d 613 (S.D.N.Y. 2001)Facts
Plaintiff originally signed licensing agreements with a number of authors. The agreements gave Plaintiff the exclusive right to print, publish, and sell the authors’ works in book form. When these agreements were signed, literary works like those produced by the authors did not exist in digital or electronic form. Each author, pursuant to his respective licensing agreement, gave Plaintiff the right to his work but withheld certain rights of distribution (e.g., recording rights for the published work). However, in 2000, Defendant began distributing literary works as e-books. Defendant contracted with several of the authors whose work was already licensed to Plaintiff in order to obtain the right to distribute the authors’ literary works in e-book form. Plaintiff brought a copyright-infringement action to enjoin Defendant from selling the e-books.
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