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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)
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.