§Why CasetextPricing

Sisyphus Touring, Inc. v. Tmz Productions, Inc. et al

NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint

36 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 242,291 times   39 Legal Analyses
    Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,548 times   41 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"

  3. Community for Creative Non-Violence v. Reid

    490 U.S. 730 (1989)   Cited 1,172 times   17 Legal Analyses
    Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry

  4. Garcia v. Google, Inc.

    786 F.3d 733 (9th Cir. 2015)   Cited 611 times   3 Legal Analyses
    Holding that a requested injunction demanding Google to remove videos was a mandatory injunction

  5. Summers v. A. Teichert Son, Inc.

    127 F.3d 1150 (9th Cir. 1997)   Cited 352 times
    Holding that "a mere scintilla of evidence will not be sufficient to defeat a properly supported motion for summary judgment; rather, the nonmoving party must introduce some significant probative evidence tending to support the complaint. Summary judgment may be granted if the evidence is merely colorable . . . or is not significantly probative"

  6. I.A.E., Inc. v. Shaver

    74 F.3d 768 (7th Cir. 1996)   Cited 312 times   1 Legal Analyses
    Holding that full payment was not a condition precedent when the licensee received the copyrighted drawings after tendering only half the required payment

  7. Silvers v. Sony Pictures Entertainment, Inc.

    402 F.3d 881 (9th Cir. 2005)   Cited 230 times   6 Legal Analyses
    Holding that, under § 501, only a party with an ownership interest has standing to sue

  8. Effects Associates, Inc. v. Cohen

    908 F.2d 555 (9th Cir. 1990)   Cited 298 times   2 Legal Analyses
    Holding that an implied grant of a nonexclusive license to use a copyrighted work precludes a copyright infringement claim

  9. Rano v. Sipa Press, Inc.

    987 F.2d 580 (9th Cir. 1993)   Cited 228 times
    Holding federal court had subject matter jurisdiction over claim seeking injunction, impoundment, "damages and profits," and attorney's fees provided for under Copyright Act

  10. Metro. Reg'l Info. Sys., Inc. v. Am. Home Realty Network, Inc.

    722 F.3d 591 (4th Cir. 2013)   Cited 105 times   5 Legal Analyses
    Holding that because "[Plaintiff] owned the copyright in each of the thousands of component photographs that had been transferred to [Plaintiff] prior to its automated database registrations," therefore it was "not barred from asserting infringement of its copyrighted photographs, which were registered as component works in its automated database registrations, in the present action."

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,668 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,599 times   181 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  13. Section 501 - Infringement of copyright

    17 U.S.C. § 501   Cited 3,382 times   30 Legal Analyses
    Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"

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

    17 U.S.C. § 102   Cited 2,311 times   121 Legal Analyses
    Granting protection to "literary works"

  15. Section 201 - Ownership of copyright

    17 U.S.C. § 201   Cited 972 times   27 Legal Analyses
    Providing that copyright in a work "vests initially in the author"

  16. Section 204 - Execution of transfers of copyright ownership

    17 U.S.C. § 204   Cited 496 times   15 Legal Analyses
    Requiring that a transfer of copyright ownership must be made in a signed writing

  17. Section 1605 - Benefit conferred upon promisor by other person or prejudice suffered by person

    Cal. Civ. Code § 1605   Cited 351 times   1 Legal Analyses
    Defining "good consideration"

  18. Section 7001 - General rule of validity

    15 U.S.C. § 7001   Cited 207 times   41 Legal Analyses
    Requiring recognition of electronic signatures

  19. Section 203 - Termination of transfers and licenses granted by the author

    17 U.S.C. § 203   Cited 106 times   20 Legal Analyses
    Providing right to terminate post-1978 grants between thirty-five and forty years after the grant

  20. Section 7006 - Definitions

    15 U.S.C. § 7006   Cited 35 times   8 Legal Analyses
    Defining "consumer" in the context of the E-Sign Act as "an individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual"