Harper & Row Publishers, Inc. v. Nation Enterprises

Harper & Row (plaintiff) had drafted President Gerald Ford's unpublished memoir and sold Time Magazine exclusive rights to publish excerpts shortly before the book's release; both parties kept the manuscript strictly confidential until Time's planned article. A source leaked the manuscript to The Nation (defendant), which rushed out an article quoting roughly 13% of the manuscript, focused on its most important and newsworthy passages, without any added commentary or critique, publishing it just before Time's scheduled piece. Time then cancelled its agreement with Harper & Row and refused to pay. The district court found infringement, but the Second Circuit reversed, reasoning fair use expands for subjects of high public concern, and the Supreme Court granted certiorari.