43 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,174 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Petrella v. Metro-Goldwyn-Mayer, Inc.
572 U.S. 663 (2014) Cited 501 times 66 Legal Analyses
Holding that laches is not a defense to damages for copyright infringement
Kessler v. Westchester Cty. Dept., Soc. Serv
461 F.3d 199 (2d Cir. 2006) Cited 978 times 3 Legal Analyses
Holding whether reassignment constituted a materially adverse action "depends upon the circumstances of the particular case"
Graham v. James
144 F.3d 229 (2d Cir. 1998) Cited 259 times 1 Legal Analyses
Holding that when "the contested issue is the scope of a license, rather than the existence of one, the copyright owner bears the burden of proving that the defendant’s copying was unauthorized under the license."
Davis v. Blige
505 F.3d 90 (2d Cir. 2007) Cited 196 times 1 Legal Analyses
Holding that “ valid license ... immunizes the licensee from a charge of copyright infringement, provided that the licensee uses the copyright as agreed with the licensor”
Karedes v. Ackerley Group, Inc.
423 F.3d 107 (2d Cir. 2005) Cited 162 times 1 Legal Analyses
Holding a reasonable jury could conclude article did not give a fair and true account of a town meeting because it omitted auditor's disclaimer of misconduct by plaintiff that was given at the meeting
Urbont v. Sony Music Entm't
831 F.3d 80 (2d Cir. 2016) Cited 97 times 4 Legal Analyses
Affirming district court's dismissal of common law copyright infringement claim on preemption grounds
T.B. Harms Company v. Eliscu
339 F.2d 823 (2d Cir. 1964) Cited 411 times
Concluding that state law controls in actions to enforce or rescind assignments of copyrights
Bourne v. Walt Disney Co.
68 F.3d 621 (2d Cir. 1995) Cited 167 times
Holding that certain licenses can be a "first sale" authorizing owner of copy to sell it
Carell v. Shubert Organization, Inc.
104 F. Supp. 2d 236 (S.D.N.Y. 2000) Cited 128 times
Holding that "non-payment of royalties should have put [plaintiff] on notice of" repudiation of plaintiff's ownership rights
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,805 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,681 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,745 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 410 - Registration of claim and issuance of certificate
17 U.S.C. § 410 Cited 1,498 times 12 Legal Analyses
Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid
Section 201 - Ownership of copyright
17 U.S.C. § 201 Cited 947 times 25 Legal Analyses
Providing that copyright in a work "vests initially in the author"
Section 412 - Registration as prerequisite to certain remedies for infringement
17 U.S.C. § 412 Cited 637 times 22 Legal Analyses
Prohibiting statutory damages and attorney's fees if the work is not registered before infringement commences, or within three months of the work's first publication

Narrative Ark Entertainment LLC v. Archie Comic Publications, Inc. et al

43 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that laches is not a defense to damages for copyright infringement

Holding whether reassignment constituted a materially adverse action "depends upon the circumstances of the particular case"

Holding that when "the contested issue is the scope of a license, rather than the existence of one, the copyright owner bears the burden of proving that the defendant’s copying was unauthorized under the license."

Holding that “ valid license ... immunizes the licensee from a charge of copyright infringement, provided that the licensee uses the copyright as agreed with the licensor”

Holding a reasonable jury could conclude article did not give a fair and true account of a town meeting because it omitted auditor's disclaimer of misconduct by plaintiff that was given at the meeting

Affirming district court's dismissal of common law copyright infringement claim on preemption grounds

Concluding that state law controls in actions to enforce or rescind assignments of copyrights

Holding that certain licenses can be a "first sale" authorizing owner of copy to sell it

Holding that "non-payment of royalties should have put [plaintiff] on notice of" repudiation of plaintiff's ownership rights

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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”

Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid

Providing that copyright in a work "vests initially in the author"

Prohibiting statutory damages and attorney's fees if the work is not registered before infringement commences, or within three months of the work's first publication