7 Cited authorities

Moseley v. Secret Catalogue, Inc.
537 U.S. 418 (2003) Cited 250 times 9 Legal Analyses
Holding that such evidence is sufficient to meet the heightened standard of actual dilution
Kirtsaeng v. John Wiley & Sons, Inc.
568 U.S. 519 (2013) Cited 150 times 65 Legal Analyses
Holding the first sale doctrine applies to copies of a copyrighted work manufactured abroad
Eldred v. Ashcroft
537 U.S. 186 (2003) Cited 190 times 6 Legal Analyses
Holding that “every idea, theory, and fact in a copyrighted work becomes instantly available for public exploitation at the moment of publication.”
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
Flo & Eddie, Inc. v. Sirius XM Radio, Inc.
62 F. Supp. 3d 325 (S.D.N.Y. 2014) Cited 12 times
Interpreting Naxos and other New York authority to predict that "the New York Court of Appeals would recognize the exclusive right to public performance of a sound recording as one of the rights appurtenant to common law copyright in such a recording"
Palmer v. De Witt
47 N.Y. 532 (N.Y. 1872) Cited 69 times 1 Legal Analyses
In Palmer v. De Witt (1872), supra, the suit was brought to restrain the defendant from printing an unpublished drama called "Play," composed by a British citizen resident in London.
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”

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.

7 Cited authorities

Moseley v. Secret Catalogue, Inc.

Holding that such evidence is sufficient to meet the heightened standard of actual dilution

Kirtsaeng v. John Wiley & Sons, Inc.

Holding the first sale doctrine applies to copies of a copyrighted work manufactured abroad

Eldred v. Ashcroft

Holding that “every idea, theory, and fact in a copyrighted work becomes instantly available for public exploitation at the moment of publication.”

Capitol Records v. Naxos

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

Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

Interpreting Naxos and other New York authority to predict that "the New York Court of Appeals would recognize the exclusive right to public performance of a sound recording as one of the rights appurtenant to common law copyright in such a recording"

Palmer v. De Witt

In Palmer v. De Witt (1872), supra, the suit was brought to restrain the defendant from printing an unpublished drama called "Play," composed by a British citizen resident in London.

Section 106 - Exclusive rights in copyrighted works

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”