STATE EX REL FISHER BROADCASTING v. OLSEN, 300 Or. 412 (1985)

711 P.2d 977

STATE ex rel FISHER BROADCASTING, INC., dba KATU-TV, Plaintiff-Relator, v. OLSEN, Defendant.

No. A8307-04653, SC S31114Oregon Supreme Court.Argued and submitted January 31, 1985
Alternative writ dismissed December 24, 1985

In Banc

Original proceeding in mandamus.

John R. Faust, Portland, argued the cause for plaintiff-relator. With him on the brief was Schwabe, Williamson, Wyatt, Moore Roberts.

Ma Deva Anando, Rajneeshpuram, argued the cause for defendant. With her on the briefs was the Rajneesh Legal Services Corporation.

LENT, J.

Alternative writ dismissed.

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LENT, J.

This mandamus proceeding involves another television broadcaster’s demand to copy the same videotape that was the subject of our decision in State ex rel KOIN-TV v. Olsen, 300 Or. 392, 711 P.2d 966 (1985).

We have already discussed in that case all of the contentions made by plaintiff-relator (Fisher) in this case. Fisher does cite some different case law than did KOIN, but we find nothing in that additional authority to convince us that the common-law right to copy is absolute. Indeed, Fisher essentially acknowledges that the common law holds that the matter is within the discretion of the trial judge. Fisher’s argument is that the defendant judge abused his discretion. We have concluded that the contrary is true.

The alternative writ is dismissed.

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