Tracy Ederer

Weil, Gotshal & Manges LLP

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Intellectual Property

Newsworthiness Prevails In Second Circuit Fair Use Analysis

On January 27, 2014, the Second Circuit held in Swatch v. Bloomberg[1] that the unauthorized publication of a surreptitiously obtained recording of an earnings call was fair use in view of the factual, newsworthy nature of the information and its lack of independent market value. The case...

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