Sarah Palin and her publisher win Round 1 of "fair use" dispute(Read article summary)
It's become common practice for the press to excerpt from embargoed books – but is it legal?
When Gawker.com posted excerpts from the book before its official Tuesday release, Palin wrote on Twitter, “The publishing world is LEAKING out-of-context
excerpts of my book w/out my permission? Isn't that illegal?”
“ACTUALLY: NO,” read one of the more printable responses she received on Twitter. Gawker then fired back with a post titled “Sarah Palin Is Mad At Us for Leaking Pages From Her Book.” According to Politico.com, Gawker wrote: “Sarah: If you're reading this – and if you are, welcome! – you may want to take a moment to familiarize yourself with the law ….”
But that’s not what the Gawker post says now. Instead, it notes that a federal judge ordered the site on Saturday to take down the book excerpts. In the order, which is also on the blog, a US District Court judge granted the request from publisher Harper Collins for a preliminary injunction preventing Gawker from “continuing to distribute, publish, or otherwise transmit pages” of Palin’s book.
A hearing about Gawker's posting of the excerpt is scheduled for Nov. 30.
The New York Times reported that an anti-Palin blog had also been asked to remove excerpts from the book. That blogger took down some pages but retained others, believing they were protected by fair use laws, the Times said.