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The court previously issued a temporary restraining order barring sale and publication of the contents of “Schindler’s List.” Plaintiff now sought a preliminary injunction for the same relief. Schindler’s wife assigned the contents of a suitcase, found in 1993, including “the list,” to plaintiff, nominating her as an heir in the will. Defendant argued he did not intend to publish the list’s contents, only to sell it, claiming it did not violate plaintiff’s copyright. The court noted while there was no registration of the list, plaintiff may be entitled to a Common Law Copyright—the right of first publication, and such right ends when a writing was distributed. As the parties’ submissions contained no bill of sale, it was unclear if defendants acquired the right to publication. The court noted defendant’s stated intent of selling the list on his client’s behalf. Plaintiff’s justification for preventing the sale was her ownership of the copyright. Yet, the court stated if defendant did not intend to publish the list’s contents, the sale would not violate the copyright. As such, the sale should go forward, and plaintiff could not show a likelihood of success on the merits, precluding a preliminary injunction. Hence, the restraining order was vacated and plaintiff’s motion denied.

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