37 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 239,217 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"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 218,869 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,469 times 45 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"
Harper & Row, Publishers, Inc. v. Nation Enterprises
471 U.S. 539 (1985) Cited 1,226 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 980 times 28 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 642 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”
Stewart v. Abend
495 U.S. 207 (1990) Cited 291 times 11 Legal Analyses
Holding that an author "may receive protection only for his original additions," not "elements ... already in the public domain"
Eldred v. Ashcroft
537 U.S. 186 (2003) Cited 193 times 6 Legal Analyses
Holding that “every idea, theory, and fact in a copyrighted work becomes instantly available for public exploitation at the moment of publication.”
Perfect 10, Inc. v. Amazon.Com, Inc.
487 F.3d 701 (9th Cir. 2007) Cited 479 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 449 times 5 Legal Analyses
Holding that a subpoena requesting “all documents” relating to certain people, products, and procedures imposed an undue burden
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 333,232 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 501 - Infringement of copyright
17 U.S.C. § 501 Cited 3,260 times 28 Legal Analyses
Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"
Section 107 - Limitations on exclusive rights: Fair use
17 U.S.C. § 107 Cited 1,027 times 177 Legal Analyses
Noting that the third factor concerns "the amount and substantiality of the portion used in relation to the copyrighted work as a whole"
Section 202.1 - Material not subject to copyright
37 C.F.R. § 202.1 Cited 251 times 7 Legal Analyses
Denying registration to "[w]ords and short phrases such as names, titles, and slogans; familiar symbols and designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents."

Roberts, II et al v. Gordy et al

37 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 a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

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"

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 an author "may receive protection only for his original additions," not "elements ... already in the public domain"

Holding that “every idea, theory, and fact in a copyrighted work becomes instantly available for public exploitation at the moment of publication.”

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 a party may move for summary judgment on any part of any claim or defense in the lawsuit

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"

Noting that the third factor concerns "the amount and substantiality of the portion used in relation to the copyrighted work as a whole"

Denying registration to "[w]ords and short phrases such as names, titles, and slogans; familiar symbols and designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents."