§Why CasetextPricing

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.

Brief

35 Cited authorities

  1. Sony Corp. v. Universal City Studios, Inc.

    464 U.S. 417 (1984)   Cited 966 times   27 Legal Analyses
    Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of fair use”

  2. 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.”

  3. 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

  4. 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

  5. Norcon Power Partners v. Niagara Mohawk Power Corp.

    92 N.Y.2d 458 (N.Y. 1998)   Cited 161 times   1 Legal Analyses
    Holding that repudiation may occur through a statement or conduct

  6. New York State Law Enforcement Employees

    64 N.Y.2d 233 (N.Y. 1984)   Cited 179 times
    Discussing separation of powers of government of State of New York

  7. 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

  8. Caronia v. Philip Morris USA, Inc.

    2013 N.Y. Slip Op. 8372 (N.Y. 2013)   Cited 48 times   4 Legal Analyses
    Finding plaintiffs failed to allege present damages due to future risk of cancer caused by smoking

  9. 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

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

    Case No. 13-23182-CIV-GAYLES/TURNOFF (S.D. Fla. Jun. 22, 2015)   Cited 6 times

    Case No. 13-23182-CIV-GAYLES/TURNOFF 06-22-2015 FLO & EDDIE, INC., Plaintiff, v. SIRIUS XM RADIO, INC., et al., Defendants. DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE ORDER THIS CAUSE comes before the Court upon Defendant Sirius XM Radio Inc.'s Motion for Summary Judgment on Liability and Supporting Memorandum of Law (the "Motion") [ECF No. 77, 84]. On April 28, 2015, the Court held a hearing on the Motion. The Court has reviewed the Motion, argument of counsel, and the pertinent portions of the

  11. Section 1292 - Interlocutory decisions

    28 U.S.C. § 1292   Cited 22,271 times   193 Legal Analyses
    Granting appellate jurisdiction over the denial of an injunction

  12. 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”

  13. Section 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,241 times   118 Legal Analyses
    Granting protection to "literary works"

  14. 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"

  15. 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

  16. Section 980 - Exclusive ownership

    Cal. Civ. Code § 980   Cited 74 times   5 Legal Analyses
    Protecting the property rights of an author of a sound recording fixed prior to February 15, 1972

  17. Section 31.03 - Producing unpublished, undedicated or copyrighted opera or dramatic composition, without consent of owner

    N.Y. Arts & Cult. Aff. Law § 31.03

    Any person who causes to be publicly performed or represented for profit any unpublished, undedicated or copyrighted dramatic composition, or musical composition known as an opera, without the consent of its owner or proprietor, or who, knowing that such dramatic or musical composition is unpublished, undedicated or copyrighted and without the consent of its owner or proprietor, permits, aids or takes part in such a performance or representation, shall be guilty of a misdemeanor. N.Y. Arts and Cult

  18. 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