25 Cited authorities

Dowling v. United States
473 U.S. 207 (1985) Cited 239 times 6 Legal Analyses
Holding that "a non-disclosure can only serve as a basis for a fraudulent scheme when there exists an independent duty that has been breached by the person so charged," such as a fiduciary or statutory duty
Roy Export Estab. v. Columbia Broadcasting
672 F.2d 1095 (2d Cir. 1982) Cited 279 times 2 Legal Analyses
Finding no preemption where the claims were based on the misappropriation of different works
Internat'l News Serv. v. Asso. Press
248 U.S. 215 (1918) Cited 521 times 6 Legal Analyses
Holding that a plaintiff was not barred from seeking injunctive relief due to unclean hands because the defendant had not shown that the plaintiff’s behavior "constitute[d] an unconscientious or inequitable attitude towards its adversary"
Fortnightly Corp. v. United Artists
392 U.S. 390 (1968) Cited 107 times 8 Legal Analyses
In Fortnightly Corp. v. United Artists Television, Inc., 392 U.S. 390, 88 S.Ct. 2084, 20 L.Ed.2d 1176 (1968), the Court considered a CATV system that carried local television broadcasting, much of which was copyrighted, to its subscribers in two cities.
Colt Indus Shareholder Litig
77 N.Y.2d 185 (N.Y. 1991) Cited 89 times 3 Legal Analyses
Finding that due process precludes extinguishing the rights of an absent plaintiff to bring an action in damages in another jurisdiction
Gurnee v. Aetna Life & Casualty Co.
55 N.Y.2d 184 (N.Y. 1982) Cited 110 times 1 Legal Analyses
In Gurnee v Aetna Life Cas. Co. (55 NY2d 184, 193, cert denied 459 US 837), the Court of Appeals recognized, albeit in dicta, that the six-year statute of limitations, as provided in CPLR 213, applied to a cause of action based upon wrongfully withheld first-party benefits.
Capitol Records v. Naxos
4 N.Y.3d 540 (N.Y. 2005) Cited 49 times 1 Legal Analyses
Holding that New York's common-law protection for pre-1972 recordings continues until federal preemption occurs
Capitol Records v. Naxos of America
372 F.3d 471 (2d Cir. 2004) Cited 42 times
Holding "abandonment of copyright requires " an intent by the copyright holder to surrender rights in the work; and an overt act evidencing that intent."
CA, Inc. v. Simple.Com, Inc.
621 F. Supp. 2d 45 (E.D.N.Y. 2009) Cited 24 times
Holding that a plaintiff must show more than commercial unfairness
Bonneville Intern. Corp. v. Peters
347 F.3d 485 (3d Cir. 2003) Cited 17 times
Holding that when a court interprets a statute, it must first look to the plain meaning of the text
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,344 times 174 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,746 times 107 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 301 - Preemption with respect to other laws
17 U.S.C. § 301 Cited 1,408 times 20 Legal Analyses
Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"
Section 901 - Prerequisites to a class action
N.Y. CPLR 901 Cited 970 times 6 Legal Analyses
Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"
Section 115 - Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords
17 U.S.C. § 115 Cited 109 times 8 Legal Analyses
Providing that a compulsory license to record a copyrighted musical composition does not include the right to "change the basic melody or fundamental character of the work"
Section 114 - Scope of exclusive rights in sound recordings
17 U.S.C. § 114 Cited 103 times 7 Legal Analyses
Applying to a "transmitting entity" that "offers transmissions of visual images contemporaneously with transmissions of sound recordings" as in a cable or internet transmission
Section 110 - Limitations on exclusive rights: Exemption of certain performances and displays
17 U.S.C. § 110 Cited 67 times 11 Legal Analyses
Exempting from copyright protection "performance of a nondramatic literary or musical work or of a dramatico-musical work of a religious nature, or display of a work, in the course of services at a place of worship or other religious assembly"

Flo & Eddie, Inc., a California Corporation, individually and on behalf of all others similarly situated, Respondent,v.Sirius XM Radio, Inc., a Delaware Corporation, Appellant, Does, 1 through 10, Defendants.

25 Cited authorities

Holding that "a non-disclosure can only serve as a basis for a fraudulent scheme when there exists an independent duty that has been breached by the person so charged," such as a fiduciary or statutory duty

Finding no preemption where the claims were based on the misappropriation of different works

Holding that a plaintiff was not barred from seeking injunctive relief due to unclean hands because the defendant had not shown that the plaintiff’s behavior "constitute[d] an unconscientious or inequitable attitude towards its adversary"

In Fortnightly Corp. v. United Artists Television, Inc., 392 U.S. 390, 88 S.Ct. 2084, 20 L.Ed.2d 1176 (1968), the Court considered a CATV system that carried local television broadcasting, much of which was copyrighted, to its subscribers in two cities.

Finding that due process precludes extinguishing the rights of an absent plaintiff to bring an action in damages in another jurisdiction

In Gurnee v Aetna Life Cas. Co. (55 NY2d 184, 193, cert denied 459 US 837), the Court of Appeals recognized, albeit in dicta, that the six-year statute of limitations, as provided in CPLR 213, applied to a cause of action based upon wrongfully withheld first-party benefits.

Holding that New York's common-law protection for pre-1972 recordings continues until federal preemption occurs

Holding "abandonment of copyright requires " an intent by the copyright holder to surrender rights in the work; and an overt act evidencing that intent."

Holding that a plaintiff must show more than commercial unfairness

Holding that when a court interprets a statute, it must first look to the plain meaning of the text

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"

Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"

Providing that a compulsory license to record a copyrighted musical composition does not include the right to "change the basic melody or fundamental character of the work"

Applying to a "transmitting entity" that "offers transmissions of visual images contemporaneously with transmissions of sound recordings" as in a cable or internet transmission

Exempting from copyright protection "performance of a nondramatic literary or musical work or of a dramatico-musical work of a religious nature, or display of a work, in the course of services at a place of worship or other religious assembly"