perception that fair use has minimal application to takings from unpublished work.
Nonetheless, I conclude that Firebird’s appropriations of copyrighted material are too extensive and important, and their justification too slight to support an overall claim of fair use. Having satisfied both branches of the Jackson Dairy test, Jackson Dairy, Inc. v. H.P. Hood & Sons, Inc., 596 F.2d 70, 72 (2d Cir.1979) (per curiam), plaintiff is entitled to a preliminary injunction.[1] This ruling does not kill Kobler’s biography but may require revisions reducing the use of Stravinsky’s prose.
SO ORDERED.
Charlotte CROMAN, Plaintiff,
v.
MANHATTAN COMMUNITY COLLEGE, Defendant.
No. 84 Civ. 5492 (CBM).
United States District Court,
S.D. New York.
Aug. 7, 1987.
- ↑ In this Circuit, where the plaintiff has established a prima facie case of copyright infringement, the showing of irreparable injury need not be detailed; irreparable injury is normally presumed. See Wainwright Securities, Inc. v. Wall Street Transcript Corp., 558 F.2d 91, 94 (2d Cir.1977), cert. denied, 434 U.S. 1014, 98 S.Ct. 730, 54 L.Ed.2d 759 (1978); Wales Industrial, Inc. v. Hasbro Bradley, Inc., 612 F.Supp. 510, 520–21 (S.D.N.Y.1985) (Weinfeld, J.). The defendants’ contention that Craft could be adequately compensated for any infringement by a damage award is unpersuasive. I find that the plaintiff would be irreparably harmed through publication of the infringing work.
Although there is no doubt that restraining publication of Firebird pending trial imposes a great hardship on the defendants, I also find that the balance of hardships tip decidedly in the plaintiff’s favor.
A question might arise as to whether Craft seeks to suppress Firebird not for copyright reasons but because it includes unfavorable comments on him. Abuse of the copyright remedies might weigh against the granting of equitable relief. I need not reach this issue, however, because defendants have made no such showing.
