38 Cited authorities

  1. Addington v. Texas

    441 U.S. 418 (1979)   Cited 2,623 times   5 Legal Analyses
    Holding that "the individual's interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by proof more substantial than a mere preponderance of the evidence"
  2. Petrella v. Metro-Goldwyn-Mayer, Inc.

    572 U.S. 663 (2014)   Cited 500 times   65 Legal Analyses
    Holding that laches is not a defense to damages for copyright infringement
  3. Rice v. Santa Fe Elevator Corp.

    331 U.S. 218 (1947)   Cited 2,164 times   11 Legal Analyses
    Holding that the clear statement rule may be satisfied where "the Act of Congress ... touch[es] a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject."
  4. Broadcast Music, Inc. v. Columbia Broadcasting System, Inc.

    441 U.S. 1 (1979)   Cited 578 times   10 Legal Analyses
    Holding generally that blanket and per-program licenses by ASCAP and BMI were not per se antitrust violations, but rather these licenses, "when attacked, . . . should be subjected to a more discriminating examination under the rule of reason"
  5. Goldstein v. California

    412 U.S. 546 (1973)   Cited 233 times   9 Legal Analyses
    Holding that federal copyright law does not preempt state copyright law providing greater protection
  6. Twentieth Century Music Corp. v. Aiken

    422 U.S. 151 (1975)   Cited 209 times   4 Legal Analyses
    Recognizing that the Copyright Act must be construed in light of its basic purpose "[w]hen technological change has rendered its literal terms ambiguous"
  7. 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
  8. 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"
  9. Campaign for Fiscal Equity, Inc. v. State

    2006 N.Y. Slip Op. 8630 (N.Y. 2006)   Cited 63 times
    Observing that three alternative student performance criteria were included in choosing the qualifying schools in the successful schools model
  10. 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
  11. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,729 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”
  12. Section 301 - Preemption with respect to other laws

    17 U.S.C. § 301   Cited 1,406 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"
  13. 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
  14. Section 303 - Duration of copyright: Works created but not published or copyrighted before January 1, 1978

    17 U.S.C. § 303   Cited 33 times
    Providing for copyrights in works that are "not theretofore in the public domain"
  15. Section 500.27 - Discretionary proceedings to review certified questions from Federal courts and other courts of last resort

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.27   Cited 230 times   2 Legal Analyses
    Authorizing the New York Court of Appeals to review certain certified questions
  16. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation