Discovery: Requests for Production: Copyrighted Materials

Fore v. Transportation Ins. Co. [11/21/08] 2008 MTWCC 49 Respondent expressed concerns about possible copyright violations by providing Petitioner with copies of compact disks containing EPA documents, but provided no legal authority for its assertion. If Respondent is able to demonstrate that providing a copy of the compact disks may violate copyright law, it may move this Court for reconsideration of the order requiring the disks’ production.

Vraspir v. State Fund [4/6/04] 2004 MTWCC 32 Where, other than broad statements about copyright law, the claimant has failed to cite any authority for the proposition that copies of copyrighted material may not be copied in connection with litigation in which the materials are relied upon by witnesses, and has entirely overlooked the fair use doctrine, the objection to production and copying of pertinent portions of the materials is overruled.