Harper & Row Publishers, Inc. v. Nation Enterprises (1985)

“Fair use cannot override an author’s right to control the first publication of their work.”

Short Description :

This landmark case defined the limits of fair use, especially regarding unpublished works. The Supreme Court ruled that the right of first publication is a fundamental aspect of copyright, and the unauthorized publication of such work, even for news purposes, is not fair use.

Facts :

Harper & Row held the exclusive publication rights to former U.S. President Gerald Ford’s memoir, which was scheduled to be published by Time magazine. Before publication, The Nation magazine obtained a copy of the unpublished manuscript without permission and published about 300 words that revealed Ford’s personal reasoning for pardoning Richard Nixon. Harper & Row sued The Nation for copyright infringement, while The Nation claimed that its use was for public interest and therefore protected under fair use.

Findings / Reasoning :

The Supreme Court emphasized that publication rights include the right of first disclosure — the author alone decides when and how to reveal their work. Since The Nation took the “heart” of Ford’s memoir and its publication affected Time magazine’s agreement and the market for the book, the act could not be considered fair use. The Court held that news reporting does not automatically qualify for fair use if it harms the copyright owner’s market value or control.

Suggestions / Observations :

This decision reinforced the principle that fair use is an exception, not a right. Authors retain control over the timing and manner of publication, even if the work has newsworthiness. Unauthorized use of unpublished material weakens the incentive to create and publish.

Judgment & Date :

Judgment in favor of Harper & Row Publishers, Inc.

Date : May 20, 1985.