A federal appeals court has vacated an injunction that took Dorothy Parker Complete Poems off the shelves for alleged copyright violations, ruling that the judge who barred sales of the book had abused his discretion.
A unanimous panel of the 2nd U.S. Circuit Court of Appeals said a preliminary injunction against a creative work is an “extraordinary remedy.”
“In the copyright realm, it has been said that an injunction should be granted if denial would amount to a forced license to use the creative work of another,” Judge Dennis Jacobs wrote in Silverstein v. Penguin Putnam Inc., 03-7363.
Read the decision here; or go to the whole story about this.