24 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 14,882 times   430 Legal Analyses
    Holding that courts should defer to an agency's reasonable interpretation of ambiguous statutes
  2. Christensen v. Harris County

    529 U.S. 576 (2000)   Cited 1,753 times   14 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"
  3. Reed Elsevier v. Muchnick

    559 U.S. 154 (2010)   Cited 987 times   14 Legal Analyses
    Holding non-jurisdictional the requirement that Copyright Act plaintiffs register their copyrights before bringing an infringement action
  4. Roth v. Jennings

    489 F.3d 499 (2d Cir. 2007)   Cited 1,143 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]"
  5. Carcieri v. Salazar

    555 U.S. 379 (2009)   Cited 233 times   4 Legal Analyses
    Holding that where the language of the Indian Reorganization Act is unambiguous, the court must enforce its plain meaning
  6. Island Software Computer v. Microsoft

    413 F.3d 257 (2d Cir. 2005)   Cited 228 times
    Holding that court may take judicial notice of federal copyright registrations
  7. Corbis Corporation v. Amazon.com, Inc.

    351 F. Supp. 2d 1090 (W.D. Wash. 2004)   Cited 65 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."
  8. Educational Testing Services v. Katzman

    793 F.2d 533 (3d Cir. 1986)   Cited 113 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
  9. Szabo v. Errisson

    68 F.3d 940 (5th Cir. 1995)   Cited 51 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    Holding that "a copyright of a collection of unpublished works protects the individual works that are copyrightable, regardless of whether they are individually listed on the copyright certificate"
  10. A. BROD, INC. v. SK I CO., L.L.C.

    998 F. Supp. 314 (S.D.N.Y. 1998)   Cited 40 times
    Recognizing availability of laches defense to copyright infringement claim and finding fact issue as to whether laches bars claims
  11. 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 267,561 times   779 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 21,614 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."
  13. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,132 times   88 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"
  14. Section 501 - Infringement of copyright

    17 U.S.C. § 501   Cited 2,414 times   18 Legal Analyses
    Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"
  15. Section 411 - Registration and civil infringement actions

    17 U.S.C. § 411   Cited 1,272 times   108 Legal Analyses
    Providing that the court shall consult with the Register regarding the materiality of inaccurate information on a copyright-registration application "[i]n any case" in which inaccurate information described in section 411(b) is alleged
  16. Section 103 - Subject matter of copyright: Compilations and derivative works

    17 U.S.C. § 103   Cited 428 times   5 Legal Analyses
    Extending copyright protection to "compilations"
  17. Section 408 - Copyright registration in general

    17 U.S.C. § 408   Cited 311 times   8 Legal Analyses
    Allowing for a single registration for a group of related works
  18. Section 202 - Ownership of copyright as distinct from ownership of material object

    17 U.S.C. § 202   Cited 125 times
    Distinguishing between a copyrighted work and "any material object in which the work is embodied"
  19. Section 409 - Application for copyright registration

    17 U.S.C. § 409   Cited 80 times   3 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"
  20. Section 202.3 - Registration of copyright

    37 C.F.R. § 202.3   Cited 132 times   3 Legal Analyses
    Permitting registration of "unpublished works ... combined in a single unpublished ‘collection.’ "