Article: E-Books and Licensing - When is a Book Not a Book?(case of Random House Inc. and Rosetta Books L.L.C.)(Brief Article)

When is a book not a book? According to a recent decision in the case of Random House, Inc. v. Rosetta Books, LLC, affirmed by the United States Court of Appeals for the Second Circuit, a book might not be a book if it is in digital form. The case also stands as a reminder of the importance of carefully constructing the grant clause of any intellectual property license.

Random House, the New York-based publishing house, sought an injunction against Rosetta Books, whose entire business is the sale of "e-books." E-books are digital copies of books readable on computer screens or other electronic devices. Rosetta had signed up certain authors' works for its e-books, ...

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