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MICHAEL SKIDMORE v. LED ZEPPELIN et al

MEMORANDUM of CONTENTIONS of FACT and LAW

37 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,294 times   225 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

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

    499 U.S. 340 (1991)   Cited 3,366 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"

  3. 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”

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

    572 U.S. 663 (2014)   Cited 502 times   67 Legal Analyses
    Holding that laches is not a defense to damages for copyright infringement

  5. Feltner v. Columbia Pictures Television, Inc.

    523 U.S. 340 (1998)   Cited 444 times   4 Legal Analyses
    Holding that the Seventh Amendment includes a right to a jury determination of statutory damages under § 504(c) of the Copyright Act, but not addressing the fact that the Act limits damages to amounts between $500 and $20,000

  6. A M Records, Inc. v. Napster, Inc.

    239 F.3d 1004 (9th Cir. 2001)   Cited 738 times   9 Legal Analyses
    Holding that Napster could not invoke § 1008 as a defense to copyright infringement claims because its technology did not fit within the AHRA’s definitions

  7. Danjaq LLC v. Sony Corp.

    263 F.3d 942 (9th Cir. 2001)   Cited 358 times   1 Legal Analyses
    Holding that the record supported a finding of economic prejudice where there was "uncontested evidence" that the defendant invested a billion dollars in developing, producing, and marketing the James Bond films

  8. Perfect 10 v. Visa Intern

    494 F.3d 788 (9th Cir. 2007)   Cited 252 times   7 Legal Analyses
    Holding that the court may "affirm on any ground supported by the record"

  9. Three Boys Music Corporation v. Bolton, Page 477

    212 F.3d 477 (9th Cir. 2000)   Cited 282 times   5 Legal Analyses
    Holding a composer, a music publisher, and a record company liable for infringement of plaintiff’s musical work

  10. Rice v. Fox Broadcasting Co.

    330 F.3d 1170 (9th Cir. 2003)   Cited 207 times   3 Legal Analyses
    Holding that because the plaintiff's video “only sold approximately 17,000 copies between 1986 and 1999,” it could not be considered “widely disseminated” despite some evidence of national publicity

  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,025 times   653 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  12. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 45,925 times   320 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  13. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 22,526 times   81 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  14. Section 1117 - Recovery for violation of rights

    15 U.S.C. § 1117   Cited 4,886 times   144 Legal Analyses
    Granting district courts significant discretion to award damages for a violation of § 1125

  15. Rule 408 - Compromise Offers and Negotiations

    Fed. R. Evid. 408   Cited 4,263 times   45 Legal Analyses
    Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)

  16. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,746 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”

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

    17 U.S.C. § 504   Cited 3,597 times   55 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"

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

    17 U.S.C. § 505   Cited 2,973 times   70 Legal Analyses
    Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases

  19. Section 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,251 times   119 Legal Analyses
    Granting protection to "literary works"

  20. Section 301 - Preemption with respect to other laws

    17 U.S.C. § 301   Cited 1,408 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"