62 Cited authorities

Beneficial Nat. Bank v. Anderson
539 U.S. 1 (2003) Cited 2,152 times 9 Legal Analyses
Holding that the National Bank Act, 12 U.S.C. §§ 85, 86, completely preempts state-law usury claims against national banks
BMW of North America, Inc. v. Gore
517 U.S. 559 (1996) Cited 2,863 times 43 Legal Analyses
Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit
Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,381 times 44 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 1,217 times 14 Legal Analyses
Holding that if a new work "supersede the use of the original," it is probably not a fair use
Browning-Ferris Industries v. Kelco Disposal
492 U.S. 257 (1989) Cited 877 times 1 Legal Analyses
Holding that the Eighth Amendment applies "primarily, and perhaps exclusively, to criminal prosecutions and punishments" and does not apply to punitive damages in a civil suit
TXO Production Corp. v. Alliance Resources Corp.
509 U.S. 443 (1993) Cited 707 times 1 Legal Analyses
Holding that courts should consider “the potential harm that [the defendant's] actions could have caused”
Sony Corp. v. Universal City Studios, Inc.
464 U.S. 417 (1984) Cited 970 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 633 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”
Feltner v. Columbia Pictures Television, Inc.
523 U.S. 340 (1998) Cited 446 times 4 Legal Analyses
Holding that the Seventh Amendment includes a right to a jury determination of statutory damages under § 504(c) of the Copyright Act, but not addressing the fact that the Act limits damages to amounts between $500 and $20,000
A M Records, Inc. v. Napster, Inc.
239 F.3d 1004 (9th Cir. 2001) Cited 740 times 9 Legal Analyses
Holding that Napster could not invoke § 1008 as a defense to copyright infringement claims because its technology did not fit within the AHRA’s definitions
Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Fed. R. Evid. 403 Cited 22,659 times 81 Legal Analyses
Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
Section 227 - Restrictions on use of telephone equipment
47 U.S.C. § 227 Cited 5,686 times 736 Legal Analyses
Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals
Rule 408 - Compromise Offers and Negotiations
Fed. R. Evid. 408 Cited 4,280 times 46 Legal Analyses
Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)
Section 1981a - Damages in cases of intentional discrimination in employment
42 U.S.C. § 1981a Cited 4,164 times 55 Legal Analyses
Finding that "additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace"
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,759 times 108 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 504 - Remedies for infringement: Damages and profits
17 U.S.C. § 504 Cited 3,610 times 56 Legal Analyses
Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"
Rule 61 - Harmless Error
Fed. R. Civ. P. 61 Cited 2,572 times 5 Legal Analyses
Holding a judgment will not be set aside for harmless error
Section 107 - Limitations on exclusive rights: Fair use
17 U.S.C. § 107 Cited 1,016 times 177 Legal Analyses
Designating “criticism” and “comment” as fair use

Sony BMG Music Entertainment et al v. Tenenbaum

62 Cited authorities

Holding that the National Bank Act, 12 U.S.C. §§ 85, 86, completely preempts state-law usury claims against national banks

Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit

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 that the Eighth Amendment applies "primarily, and perhaps exclusively, to criminal prosecutions and punishments" and does not apply to punitive damages in a civil suit

Holding that courts should consider “the potential harm that [the defendant's] actions could have caused”

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 the Seventh Amendment includes a right to a jury determination of statutory damages under § 504(c) of the Copyright Act, but not addressing the fact that the Act limits damages to amounts between $500 and $20,000

Holding that Napster could not invoke § 1008 as a defense to copyright infringement claims because its technology did not fit within the AHRA’s definitions

Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)

Finding that "additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace"

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”

Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"

Holding a judgment will not be set aside for harmless error

Designating “criticism” and “comment” as fair use