§Why CasetextPricing

Broadcast Music, Inc. et al v. Meadowlake, Ltd. et al

Motion for summary judgment against Defendant Roy E. Barr with Memorandum in Support

46 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,991 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"

  2. Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.

    545 U.S. 913 (2005)   Cited 788 times   31 Legal Analyses
    Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

  3. Broadcast Music, Inc. v. Columbia Broadcasting System, Inc.

    441 U.S. 1 (1979)   Cited 579 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"

  4. Salinger v. Colting

    607 F.3d 68 (2d Cir. 2010)   Cited 601 times   7 Legal Analyses
    Holding that eBay applies “with equal force” to preliminary injunctions in copyright cases

  5. Woolworth Co. v. Contemporary Arts

    344 U.S. 228 (1952)   Cited 442 times
    Holding that whether trial court's "discretionary resort to estimation of statutory damages is just should be determined by taking into account ... the difficulties in the way of proof of either" actual damages or lost profits and that "[l]ack of adequate proof on either element would warrant resort to the statute in the discretion of the court."

  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. Gershwin Pub. Corp. v. Columbia Artists Man

    443 F.2d 1159 (2d Cir. 1971)   Cited 418 times
    Holding that a defendant may "be held liable as a 'contributory' infringer if it were shown to have had knowledge, or reason to know, of the infringing nature of the records"

  8. Bridgeport Music v. Justin Combs

    507 F.3d 470 (6th Cir. 2007)   Cited 115 times   1 Legal Analyses
    Holding that a ratio of closer to 1:1 or 2:1 is all that due process can tolerate where the $366,939 compensatory damage award was already substantial and only one of the reprehensibility factors was present

  9. Chi-Boy Music v. Charlie Club, Inc.

    930 F.2d 1224 (7th Cir. 1991)   Cited 154 times
    Holding 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"

  10. Shapiro, Bernstein Co. v. H.L. Green Company

    316 F.2d 304 (2d Cir. 1963)   Cited 227 times   1 Legal Analyses
    Holding that vicarious infringement requires that defendant possess the right and ability to supervise the infringing conduct

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 33,143 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

  13. Section 1961 - Interest

    28 U.S.C. § 1961   Cited 11,484 times   25 Legal Analyses
    Holding that § 6621 applies to internal revenue tax cases

  14. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,095 times   17 Legal Analyses
    Permitting the use of declarations instead

  15. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,373 times   175 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  16. Section 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition

    28 U.S.C. § 1338   Cited 5,414 times   71 Legal Analyses
    Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"

  17. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,759 times   108 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”

  18. Section 504 - Remedies for infringement: Damages and profits

    17 U.S.C. § 504   Cited 3,610 times   56 Legal Analyses
    Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"

  19. Section 501 - Infringement of copyright

    17 U.S.C. § 501   Cited 3,185 times   28 Legal Analyses
    Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"

  20. Section 505 - Remedies for infringement: Costs and attorney's fees

    17 U.S.C. § 505   Cited 2,984 times   70 Legal Analyses
    Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases