24 Cited authorities

Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,003 times 500 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Christensen v. Harris County
529 U.S. 576 (2000) Cited 1,892 times 18 Legal Analyses
Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"
Reed Elsevier v. Muchnick
559 U.S. 154 (2010) Cited 1,128 times 15 Legal Analyses
Holding that the Copyright Act's requirement that copyright holders register their works before suing for infringement "is a precondition to filing a claim that does not restrict a federal court's subject-matter jurisdiction"
Roth v. Jennings
489 F.3d 499 (2d Cir. 2007) Cited 1,395 times
Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"
Carcieri v. Salazar
555 U.S. 379 (2009) Cited 283 times 7 Legal Analyses
Holding that a list following "shall include" was exhaustive where Congress "defined the term by including only three discrete definitions"
Island Software Computer v. Microsoft
413 F.3d 257 (2d Cir. 2005) Cited 308 times
Holding that a district court is “entitled to take judicial notice of . . . federal copyright registrations, as published in the Copyright Office's registry”
Corbis Corporation v. Amazon.com, Inc.
351 F. Supp. 2d 1090 (W.D. Wash. 2004) Cited 70 times 1 Legal Analyses
Holding that even though Amazon.com "may have encouraged third parties to use the Zshops platform and provided the tools to assist them, that does not disqualify it from immunity under § 230 because the Zshops vendor ultimately decided what information to put on its site."
Educational Testing Services v. Katzman
793 F.2d 533 (3d Cir. 1986) Cited 120 times
Holding that the copying of even a few questions out of thousands justified a preliminary injunction where the qualitative value of the material, to both the originator and the plagiarist, was high
Szabo v. Errisson
68 F.3d 940 (5th Cir. 1995) Cited 52 times
Holding that "a copyright of a collection of unpublished works protects the individual works that are copyrightable, regardless of whether they are individually listed on the copyright certificate"
A. BROD, INC. v. SK I CO., L.L.C.
998 F. Supp. 314 (S.D.N.Y. 1998) Cited 42 times
Recognizing availability of laches defense to copyright infringement claim and finding fact issue as to whether laches bars claims
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 344,565 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,164 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,727 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 3,151 times 26 Legal Analyses
Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"
Section 411 - Registration and civil infringement actions
17 U.S.C. § 411 Cited 1,473 times 132 Legal Analyses
In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.
Section 103 - Subject matter of copyright: Compilations and derivative works
17 U.S.C. § 103 Cited 562 times 8 Legal Analyses
Extending copyright protection to "compilations"
Section 408 - Copyright registration in general
17 U.S.C. § 408 Cited 361 times 9 Legal Analyses
Authorizing the Register of Copyrights to regulate registration classifications, including permitting "a single registration for a group of related works"
Section 202 - Ownership of copyright as distinct from ownership of material object
17 U.S.C. § 202 Cited 128 times
Distinguishing between a copyrighted work and "any material object in which the work is embodied"
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 202.3 - Registration of copyright
37 C.F.R. § 202.3 Cited 147 times 5 Legal Analyses
Requiring that multiple works registered as a single published work be "included in a single unit of publication"

Muench Photography, Inc. v. Houghton Mifflin Harcourt Publishing Company et al

24 Cited authorities

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

Holding that the Copyright Act's requirement that copyright holders register their works before suing for infringement "is a precondition to filing a claim that does not restrict a federal court's subject-matter jurisdiction"

Holding that a list following "shall include" was exhaustive where Congress "defined the term by including only three discrete definitions"

Holding that a district court is “entitled to take judicial notice of . . . federal copyright registrations, as published in the Copyright Office's registry”

Holding that even though Amazon.com "may have encouraged third parties to use the Zshops platform and provided the tools to assist them, that does not disqualify it from immunity under § 230 because the Zshops vendor ultimately decided what information to put on its site."

Holding that the copying of even a few questions out of thousands justified a preliminary injunction where the qualitative value of the material, to both the originator and the plagiarist, was high

Holding that "a copyright of a collection of unpublished works protects the individual works that are copyrightable, regardless of whether they are individually listed on the copyright certificate"

Recognizing availability of laches defense to copyright infringement claim and finding fact issue as to whether laches bars claims

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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"

In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.

Extending copyright protection to "compilations"

Authorizing the Register of Copyrights to regulate registration classifications, including permitting "a single registration for a group of related works"

Distinguishing between a copyrighted work and "any material object in which the work is embodied"

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"

Requiring that multiple works registered as a single published work be "included in a single unit of publication"