16 Cited authorities

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
Sony Corp. v. Universal City Studios, Inc.
464 U.S. 417 (1984) Cited 967 times 27 Legal Analyses
Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of 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”
Leadsinger, Inc. v. BMG Music Publishing
512 F.3d 522 (9th Cir. 2008) Cited 1,367 times 1 Legal Analyses
Holding that a court may deny leave to amend where amendment would be futile
Perfect 10, Inc. v. Amazon.Com, Inc.
487 F.3d 701 (9th Cir. 2007) Cited 467 times 29 Legal Analyses
Holding that an online image search index was "highly transformative"
Mattel Inc. v. Walking Mountain Productions
353 F.3d 792 (9th Cir. 2003) Cited 438 times 5 Legal Analyses
Holding that a subpoena requesting “all documents” relating to certain people, products, and procedures imposed an undue burden
Update Art, Inc. v. Modiin Publishing, Ltd.
843 F.2d 67 (2d Cir. 1988) Cited 433 times 1 Legal Analyses
Holding sanctions under Rule 37 are intended to "ensure that a party will not benefit from its own failure to comply" and "to serve a general deterrent effect on the case at hand and on other litigation, provided that the party against whom they are imposed was in some sense at fault"
Los Angeles News Ser. v. Reuters Television I
149 F.3d 987 (9th Cir. 1998) Cited 196 times 1 Legal Analyses
Holding that the defendants waived their objection to the imposition of statutory penalties on the basis of contributory infringement by not raising the objection in their proposed findings of fact and conclusions of law post-trial; and (b) "calculat[ing] statutory damages on the basis of [contributory] infringement" in this same filing
Monge v. Maya Magazines, Inc.
688 F.3d 1164 (9th Cir. 2012) Cited 79 times 5 Legal Analyses
Holding that each wedding photo on a disk is a separate "work" and the set of photos is not a "compilation" because each photo "has an independent economic value"
Princeton University Press v. Michigan Document Services, Inc.
99 F.3d 1381 (6th Cir. 1996) Cited 103 times 2 Legal Analyses
Holding that a defendant copy shop's reproduction of excerpts of copyrighted works was a commercial use that placed the burden on the defendant to show that its activities constituted fair use, and that all four statutory factors weighed against a finding that they did
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,332 times 174 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,745 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 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

Perfect 10, Inc. v. Yandex N.V.

16 Cited authorities

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

Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of 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 a court may deny leave to amend where amendment would be futile

Holding that an online image search index was "highly transformative"

Holding that a subpoena requesting “all documents” relating to certain people, products, and procedures imposed an undue burden

Holding sanctions under Rule 37 are intended to "ensure that a party will not benefit from its own failure to comply" and "to serve a general deterrent effect on the case at hand and on other litigation, provided that the party against whom they are imposed was in some sense at fault"

Holding that each wedding photo on a disk is a separate "work" and the set of photos is not a "compilation" because each photo "has an independent economic value"

Holding that a defendant copy shop's reproduction of excerpts of copyrighted works was a commercial use that placed the burden on the defendant to show that its activities constituted fair use, and that all four statutory factors weighed against a finding that they did

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

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”

Designating “criticism” and “comment” as fair use