§Why CasetextPricing

Latin American Music Company, Inc. v. Spanish Broadcasting System, Inc. et al

MEMORANDUM OF LAW in Support re: 114 MOTION for Partial Summary Judgment . . Document

40 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,933 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. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,931 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Feist Publications, Inc. v. Rural Tel. Service Co.

    499 U.S. 340 (1991)   Cited 3,380 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"

  4. Bouchat v. Baltimore Ravens Football Club

    346 F.3d 514 (4th Cir. 2003)   Cited 3,460 times
    Holding that the fact that products depicted an infringing logo did not establish a connection between the infringement and the revenue from the sale of those products

  5. Petrella v. Metro-Goldwyn-Mayer, Inc.

    572 U.S. 663 (2014)   Cited 506 times   76 Legal Analyses
    Holding that laches is not a defense to damages for copyright infringement

  6. Harper & Row, Publishers, Inc. v. Nation Enterprises

    471 U.S. 539 (1985)   Cited 1,217 times   14 Legal Analyses
    Holding that if a new work "supersede the use of the original," it is probably not a fair use

  7. Boguslavsky v. Kaplan

    159 F.3d 715 (2d Cir. 1998)   Cited 363 times   1 Legal Analyses
    Holding that to bring a claim under § 20, a plaintiff must show, inter alia, "a primary violation by a controlled person"

  8. On Davis v. Gap, Inc.

    246 F.3d 152 (2d Cir. 2001)   Cited 309 times   2 Legal Analyses
    Holding plaintiff failed to discharge its burden by submitting evidence of the defendant's gross revenues when the revenue included sales that were in no way promoted by the infringing advertisement

  9. Fitzgerald Pub. Co., Inc. v. Baylor Pub. Co.

    807 F.2d 1110 (2d Cir. 1986)   Cited 438 times   2 Legal Analyses
    Holding a printer and a publisher liable for infringement of a literary work

  10. Twin Peaks Productions v. Publications Intern

    996 F.2d 1366 (2d Cir. 1993)   Cited 332 times   7 Legal Analyses
    Holding that book containing detailed synopses of episodes of television show "Twin Peaks" would, absent a fair use defense, infringe copyright on television show

  11. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,371 times   175 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  12. Rule 36 - Requests for Admission

    Fed. R. Civ. P. 36   Cited 6,123 times   12 Legal Analyses
    Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

  13. 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"

  14. Section 410 - Registration of claim and issuance of certificate

    17 U.S.C. § 410   Cited 1,500 times   12 Legal Analyses
    Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid

  15. Section 301 - Preemption with respect to other laws

    17 U.S.C. § 301   Cited 1,411 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"

  16. Section 201 - Ownership of copyright

    17 U.S.C. § 201   Cited 950 times   26 Legal Analyses
    Providing that copyright in a work "vests initially in the author"

  17. Section 507 - Limitations on actions

    17 U.S.C. § 507   Cited 833 times   67 Legal Analyses
    Prohibiting copyright-infringement claims that are filed more than three years after they accrued

  18. Section 205 - Recordation of transfers and other documents

    17 U.S.C. § 205   Cited 113 times   7 Legal Analyses
    Providing that recordation of transfer of copyright ownership is prerequisite to infringement suit by transferee

  19. 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 . . ."