34 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,142 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"
Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.
545 U.S. 913 (2005) Cited 786 times 31 Legal Analyses
Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”
Harper & Row, Publishers, Inc. v. Nation Enterprises
471 U.S. 539 (1985) Cited 1,214 times 14 Legal Analyses
Holding that if a new work "supersede the use of the original," it is probably not a fair use
Campbell v. Acuff-Rose Music, Inc.
510 U.S. 569 (1994) Cited 628 times 71 Legal Analyses
Holding that “[i]t was error for the Court of Appeals to conclude that the commercial nature of [a secondary work] rendered it presumptively unfair”
Omega Engineering, Inc v. Raytek Corp.
334 F.3d 1314 (Fed. Cir. 2003) Cited 1,175 times 11 Legal Analyses
Holding that the doctrine of prosecution disclaimer does not extend to situations where the supposed disavowal of claim scope is ambiguous
Castle Rock Entertain. v. Carol Publish. Group
150 F.3d 132 (2d Cir. 1998) Cited 412 times 8 Legal Analyses
Holding that the fourth factor favored the plaintiffs, who produced a television show, because the defendants, who had produced a trivia book about that show, had entered a market that the plaintiffs might wish to enter
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"
Ringgold v. Black Entertainment Tel., Inc.
126 F.3d 70 (2d Cir. 1997) Cited 155 times 1 Legal Analyses
Holding use of a poster as decoration — "a central purpose for which it was created" — not transformative
Kelly v. Arriba Soft Corp.
336 F.3d 811 (9th Cir. 2002) Cited 126 times 8 Legal Analyses
Holding publication of images on internet before defendant's copying favored fair use
Nihon Keizai Shimbun v. Comline Bus. Data
166 F.3d 65 (2d Cir. 1999) Cited 106 times
Holding that where the articles at issue consisted chiefly of unprotected facts, a "one-paragraph abstract of a six-paragraph article is not substantially similar... in a quantitative sense"
Section 107 - Limitations on exclusive rights: Fair use
17 U.S.C. § 107 Cited 1,011 times 177 Legal Analyses
Designating “criticism” and “comment” as fair use
Section 1202 - Integrity of copyright management information
17 U.S.C. § 1202 Cited 548 times 30 Legal Analyses
Providing that "[n]o person shall knowingly and with the intent to induce, enable, facilitate, or conceal infringement . . ."

Mcclatchey v. Associated Press

34 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 “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

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

Holding that “[i]t was error for the Court of Appeals to conclude that the commercial nature of [a secondary work] rendered it presumptively unfair”

Holding that the doctrine of prosecution disclaimer does not extend to situations where the supposed disavowal of claim scope is ambiguous

Holding that the fourth factor favored the plaintiffs, who produced a television show, because the defendants, who had produced a trivia book about that show, had entered a market that the plaintiffs might wish to enter

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"

Holding use of a poster as decoration — "a central purpose for which it was created" — not transformative

Holding publication of images on internet before defendant's copying favored fair use

Holding that where the articles at issue consisted chiefly of unprotected facts, a "one-paragraph abstract of a six-paragraph article is not substantially similar... in a quantitative sense"

Designating “criticism” and “comment” as fair use

Providing that "[n]o person shall knowingly and with the intent to induce, enable, facilitate, or conceal infringement . . ."