Copyright Case

Valancourt Books v. Temple

Valancourt Books is a small publisher that publishes rare and out-of-print fiction through a print-on-demand service. In June 2018, the Copyright Office, pursuant to Section 407 of the Copyright Act, sent Valancourt a demand letter for mandatory deposit of 341 of the titles it publishes, which was later reduced to 240. Valancourt filed a complaint against the Copyright Office, alleging the mandatory deposit provisions are an unconstitutional taking of property without just compensation in violation of the Fifth Amendment and an an unconstitutional burden on freedom of speech and of the press in violation of the First Amendment.

District Court Proceedings

Plaintiffs’ Reply Memorandum (September 13, 2019)

Defendants’ Combined Response Memorandum (August 23, 2019)

Plaintiffs’ Memorandum in Opposition to Defendants’ Motion and in Support of Plaintiffs’ Cross-Motion for Summary Judgment (August 2, 2019)

Joint Stipulations of Fact (July 3, 2019)

Defendants’ Memorandum in Support of Summary Judgment (July 3, 2019)

Answer (November 21, 2018)

Complaint (August 16, 2018)