37 Cited authorities

Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,350 times 44 Legal Analyses
Holding "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"
Harper & Row, Publishers, Inc. v. Nation Enterprises
471 U.S. 539 (1985) Cited 1,212 times 14 Legal Analyses
Holding that if a new work "supersede the use of the original," it is probably not a fair use
Mazer v. Stein
347 U.S. 201 (1954) Cited 461 times 13 Legal Analyses
Holding that "statuettes of male and female dancing figures made of semivitreous china" are copyrightable despite their use as bases for table lamps
I.A.E., Inc. v. Shaver
74 F.3d 768 (7th Cir. 1996) Cited 307 times 1 Legal Analyses
Holding that full payment was not a condition precedent when the licensee received the copyrighted drawings after tendering only half the required payment
Effects Associates, Inc. v. Cohen
908 F.2d 555 (9th Cir. 1990) Cited 291 times 2 Legal Analyses
Holding that an implied grant of a nonexclusive license to use a copyrighted work precludes a copyright infringement claim
S.O.S., Inc. v. Payday, Inc.
886 F.2d 1081 (9th Cir. 1989) Cited 260 times
Holding that an agreement in which a company retained "all rights of ownership" in a specific "series of programs" included the copyright
Ets-Hokin v. Skyy Spirits, Inc.
225 F.3d 1068 (9th Cir. 2000) Cited 140 times
Holding that a photograph of a vodka bottle was not derivative of the bottle because the design of the bottle was a "utilitarian object that cannot be copyrighted"
Sega Enterprises Ltd. v. Accolade, Inc.
977 F.2d 1510 (9th Cir. 1992) Cited 171 times 4 Legal Analyses
Holding that wholesale copying of copyrighted code as a preliminary step to develop a competing product was a fair use
Mackie v. Rieser
296 F.3d 909 (9th Cir. 2002) Cited 113 times
Holding that " ‘hurt feelings' over the nature of the infringement" have no place in the actual damages calculus
Lenz v. Universal Music Corp.
815 F.3d 1145 (9th Cir. 2015) Cited 64 times 3 Legal Analyses
In Lenz, the Ninth Circuit explained that "[a] copyright holder who pays lip service to the consideration of fair use by claiming it formed a good faith belief when there is evidence to the contrary is still subject to § 512(f) liability."
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,316 times 174 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
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”
Section 501 - Infringement of copyright
17 U.S.C. § 501 Cited 3,154 times 26 Legal Analyses
Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"
Section 102 - Subject matter of copyright: In general
17 U.S.C. § 102 Cited 2,242 times 118 Legal Analyses
Granting protection to "literary works"
Section 410 - Registration of claim and issuance of certificate
17 U.S.C. § 410 Cited 1,494 times 12 Legal Analyses
Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid
Section 107 - Limitations on exclusive rights: Fair use
17 U.S.C. § 107 Cited 1,010 times 177 Legal Analyses
Designating “criticism” and “comment” as fair use
Section 204 - Execution of transfers of copyright ownership
17 U.S.C. § 204 Cited 488 times 15 Legal Analyses
Requiring that a transfer of copyright ownership must be made in a signed writing
Section 409 - Application for copyright registration
17 U.S.C. § 409 Cited 93 times 4 Legal Analyses
Requiring "in the case of a compilation or derivative work, an identification of any preexisting work or works that it is based on or incorporates, and a brief, general statement of the additional material covered by the copyright claim being registered"
Section 113 - Scope of exclusive rights in pictorial, graphic, and sculptural works
17 U.S.C. § 113 Cited 55 times 8 Legal Analyses
Stating that the moral rights provisions added by VARA shall not apply where "the author consented to the installation of the work in the building either before the effective date set forth in section 610 of the Visual Artists Rights Act of 1990, or in a written instrument executed on or after such effective date . . ."
Section 120 - Scope of exclusive rights in architectural works
17 U.S.C. § 120 Cited 38 times 7 Legal Analyses
(a) PICTORIAL REPRESENTATIONS PERMITTED.-The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place. (b) ALTERATIONS TO AND DESTRUCTION OF BUILDINGS.-Notwithstanding the provisions of section 106(2), the owners of a building embodying
Section 202.10 - Pictorial, graphic, and sculptural works
37 C.F.R. § 202.10 Cited 36 times 3 Legal Analyses
(a) In order to be acceptable as a pictorial, graphic, or sculptural work, the work must embody some creative authorship in its delineation or form. The registrability of such a work is not affected by the intention of the author as to the use of the work or the number of copies reproduced. The availability of protection or grant of protection under the law for a utility or design patent will not affect the registrability of a claim in an original work of pictorial, graphic, or sculptural authorship

Evox Productions, LLC v. California Rent-A-Car, Inc., et al

37 Cited authorities

Holding "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"

Holding that if a new work "supersede the use of the original," it is probably not a fair use

Holding that "statuettes of male and female dancing figures made of semivitreous china" are copyrightable despite their use as bases for table lamps

Holding that full payment was not a condition precedent when the licensee received the copyrighted drawings after tendering only half the required payment

Holding that an implied grant of a nonexclusive license to use a copyrighted work precludes a copyright infringement claim

Holding that an agreement in which a company retained "all rights of ownership" in a specific "series of programs" included the copyright

Holding that a photograph of a vodka bottle was not derivative of the bottle because the design of the bottle was a "utilitarian object that cannot be copyrighted"

Holding that wholesale copying of copyrighted code as a preliminary step to develop a competing product was a fair use

Holding that " ‘hurt feelings' over the nature of the infringement" have no place in the actual damages calculus

In Lenz, the Ninth Circuit explained that "[a] copyright holder who pays lip service to the consideration of fair use by claiming it formed a good faith belief when there is evidence to the contrary is still subject to § 512(f) liability."

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

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”

Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"

Granting protection to "literary works"

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

Designating “criticism” and “comment” as fair use

Requiring that a transfer of copyright ownership must be made in a signed writing

Requiring "in the case of a compilation or derivative work, an identification of any preexisting work or works that it is based on or incorporates, and a brief, general statement of the additional material covered by the copyright claim being registered"