Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,559 times 45 Legal AnalysesHolding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"
Island Software Computer v. Microsoft
413 F.3d 257 (2d Cir. 2005) Cited 333 timesHolding that a district court is “entitled to take judicial notice of . . . federal copyright registrations, as published in the Copyright Office's registry”
In re Aimster Copyright Litigation
334 F.3d 643 (7th Cir. 2003) Cited 208 times 2 Legal AnalysesHolding that a defendant who "disabled itself from doing anything to prevent infringement" did not reasonably implement a repeat infringer policy
Louis Vuitton Malletier, S.A. v. Akanoc Solutions
658 F.3d 936 (9th Cir. 2011) Cited 155 times 4 Legal AnalysesHolding that to prove willfulness in the copyright context, plaintiff must show that the defendant was actually aware of infringing activity, or that defendant's actions were the result of "reckless disregard" for, or "willful blindness" to, the copyright holder's rights
Autoskill v. National Educ. Support Systems
994 F.2d 1476 (10th Cir. 1993) Cited 235 timesHolding that items which necessarily follow from a given theme or setting must be filtered from the court's infringement analysis
Chi-Boy Music v. Charlie Club, Inc.
930 F.2d 1224 (7th Cir. 1991) Cited 157 timesHolding that the district court calculation of statutory damages could consider "efficacy of the damages as a deterrent to future copyright infringement," and where infringement is willful, "the statutory damages award may be designed to penalize the infringer and to deter future violations"
Country Kids 'N City Slicks, Inc. v. Sheen
77 F.3d 1280 (10th Cir. 1996) Cited 80 timesHolding that "wooden form of the traditional paper doll" is idea not expression
Gordon v. Nextel Comm. and Mullen Advert
345 F.3d 922 (6th Cir. 2003) Cited 49 timesConcluding that summary judgment for DMCA § 1202 claims would be "inappropriate" when defendants "may be vicariously liable"
BC Technical, Inc. v. Ensil International Corp.
464 F. App'x 689 (10th Cir. 2012) Cited 29 timesNo. 09-4011 & 09-4019 02-07-2012 BC TECHNICAL, INC., Plaintiff-Counter-Defendant-Appellee/Cross-Appellant, v. ENSIL INTERNATIONAL CORPORATION, a New York corporation, Defendant-Counter-Claimant-Appellant/Cross-Appellee. Terrence L. O'Brien (D. Utah) (D.C. No. 2:02-CV-700-TS-SA) ORDER AND JUDGMENT This order and judgment is an unpublished decision, not binding precedent. 10th Cir. R. 32.1(A). Citation to unpublished decisions is not prohibited. Fed. R. App. 32.1. It is appropriate as it relates to
Casella v. Morris
820 F.2d 362 (11th Cir. 1987) Cited 45 timesAffirming the defendant's liability for contributory infringement where he was on notice of the termination of his licensing rights but "did nothing to stop the transfer of [copyrighted content], limit its effect, inform [] other parties of the recission, or communicate in any way the termination of the [licensing] rights"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 337,134 times 161 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 410 - Registration of claim and issuance of certificate
17 U.S.C. § 410 Cited 1,543 times 12 Legal AnalysesFinding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid
Section 1202 - Integrity of copyright management information
17 U.S.C. § 1202 Cited 599 times 30 Legal AnalysesProviding that "[n]o person shall knowingly and with the intent to induce, enable, facilitate, or conceal infringement . . ."
Section 104 - Subject matter of copyright: National origin
17 U.S.C. § 104 Cited 89 timesProviding certain works, “while unpublished, are subject to protection under this title without regard to the nationality or domicile of the author”