UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
November 18, 2009
ROY DEN HOLLANDER, PLAINTIFF,
DEBORAH SWINDELLS DONOVAN, PAUL W. STEINBERG, AND JANE DOE. DEFENDANTS.
The opinion of the court was delivered by: Block, Senior District Judge
MEMORANDUM AND ORDER
The Court hereby informs the parties that it intends to treat defendants' motion to dismiss as a motion for summary judgment under Fed. R. Civ. P. 56. The parties shall submit to the Court all pertinent materials by December 18, 2009, including materials addressing whether the defendants' use of plaintiff's works is protected under the fair use doctrine. See NXIVM Corp. v. Ross Institute, 364 F.3d 471, 476 (2d Cir. 2004) (discussing statutory defense of fair use under 17 U.S.C. § 107).
Defendants shall notify plaintiff of Court's determination pursuant to Local Rule 12.1.
FREDERIC BLOCK Senior United States District Judge
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