No Copyright Protection for Legal Briefs

March 6, 2013 [update] — It has been one year since attorney Edward White brought a copyright action against Lexis and Westlaw for including his legal briefs in databases that contain court filings. At LawFirmSearchEngine.com, we have been following this case with interest and we are pleased to report that Judge Rakoff has granted summary judgment in favor of Lexis and Westlaw. The order filed February 11, 2013, is available here. As stated in the order, "An opinion explaining the reasons for this ruling will issue in due course." We will post a copy when it becomes available.

The case is White v. West Publishing Corp., S.D.N.Y. Case No. 12-1340. The Dewey B Strategic blog provides an excellent summary of the case, A Victory for Fair Use: Online Publication of Attorney Filings OK, Copyright Suit Against Lexis and Westlaw Dismissed.

Although White may appeal, we are happy the court has not extended copyright protection to court filings in this case. Access to public records, including court filings, is central to American tradition. Indeed, the Declaration of Independence includes access to "public Records" as a cause for revolution.

In the Internet age, Lexis, Westlaw, and other legal research services (including Bloomberg Law) have created invaluable tools by aggregating court filings in keyword searchable databases. These are beneficial legal research tools. Copyright protection for materials in these databases would be contrary to the very purpose of copyright that is enshrined in the Constitution: "To promote the Progress of Science and useful Arts," U.S. Const., art. I, § 8, cl. 8.

Relying on the fair use doctrine, we are posting substantive filings in White v. West here:
02/22/2012 - Class Action Complaint
04/06/2012 - Memorandum in Support of Defendant's Motion to Dismiss (filed by Reed Elsevier)
04/06/2012 - Memorandum in Support of Defendant's Motion to Dismiss (filed by West Publishing)
04/26/2012 - Memorandum in Opposition to Defendants' Motions to Dismiss (filed by White and Elan)
05/07/2012 - Reply Memorandum in Support of Defendant's Motion to Dismiss (filed by West Publishing)
05/07/2012 - Reply Memorandum in Support of Defendant's Motion to Dismiss (filed by Reed Elsevier)
05/17/2012 - Order Granting Motion to Dismiss (Signed by Judge Jed S. Rakoff on 5/16/2012)
05/22/2012 - Transcript of Proceedings held on 5/16/2012
05/30/2012 - Answer to Complaint (filed by West Publishing)
05/30/2012 - Answer to Complaint (filed by Reed Elsevier)
06/26/2012 - Amended Complaint (filed by White)
07/10/2012 - Answer to Amended Complaint (filed by West Publishing)
07/13/2012 - Answer to Amended Complaint (filed by Reed Elsevier)
10/05/2012 - Memorandum in Suppport of Plaintiff's Summary Judgment Motion (filed by White)
10/05/2012 - Memorandum in Suppport of Defendant's Summary Judgment Motion (filed by Reed Elsevier)
10/23/2012 - Memorandum in Opposition to Plaintiff's Summary Judgment Motion (filed by West Publishing)
10/23/2012 - Memorandum in Opposition to Defendants' Summary Judgment Motions (filed by White)
10/23/2012 - Memorandum in Opposition to Plaintiff's Summary Judgment Motion (filed by Reed Elsevier)
11/02/2012 - Reply Memorandum in Support of Defendant's Summary Judgment Motion (filed by West Publishing)
11/02/2012 - Reply Memorandum in Support of Plaintiff's Summary Judgment Motion (filed by White)
11/02/2012 - Reply Memorandum in Support of Defendant's Motion for Summary Judgment (filed by Reed Elsevier)
11/30/2012 - Transcript of Proceedings Held on 11/20/2012
02/11/2013 - Order Granting Defendants' Motions for Summary Judgment (Signed by Judge Jed S. Rakoff on 2/8/2013)