57 Cited authorities

Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,365 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"
Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.
545 U.S. 913 (2005) Cited 786 times 31 Legal Analyses
Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”
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
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”
Stewart v. Abend
495 U.S. 207 (1990) Cited 286 times 11 Legal Analyses
Holding that an author "may receive protection only for his original additions," not "elements ... already in the public domain"
Register.com, Inc. v. Verio, Inc.
356 F.3d 393 (2d Cir. 2004) Cited 537 times 8 Legal Analyses
Holding that a company that scraped a competitor's website to obtain data for marketing purposes likely committed trespass to chattels, because scraping could—although it did not yet—cause physical harm to the plaintiff's computer servers
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"
Castle Rock Entertain. v. Carol Publish. Group
150 F.3d 132 (2d Cir. 1998) Cited 412 times 8 Legal Analyses
Holding that the fourth factor favored the plaintiffs, who produced a television show, because the defendants, who had produced a trivia book about that show, had entered a market that the plaintiffs might wish to enter
On Davis v. Gap, Inc.
246 F.3d 152 (2d Cir. 2001) Cited 308 times 2 Legal Analyses
Holding plaintiff failed to discharge its burden by submitting evidence of the defendant's gross revenues when the revenue included sales that were in no way promoted by the infringing advertisement
Twin Peaks Productions v. Publications Intern
996 F.2d 1366 (2d Cir. 1993) Cited 332 times 7 Legal Analyses
Holding that book containing detailed synopses of episodes of television show "Twin Peaks" would, absent a fair use defense, infringe copyright on television show
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 94,916 times 653 Legal Analyses
Adopting Fed.R.Civ.P. 37
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
Section 512 - Limitations on liability relating to material online
17 U.S.C. § 512 Cited 570 times 185 Legal Analyses
Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"

The Associated Press v. Meltwater U.S. Holdings, Inc. et al

57 Cited authorities

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 “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

Holding that if a new work "supersede the use of the original," it is probably not a 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 a company that scraped a competitor's website to obtain data for marketing purposes likely committed trespass to chattels, because scraping could—although it did not yet—cause physical harm to the plaintiff's computer servers

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

Holding that the fourth factor favored the plaintiffs, who produced a television show, because the defendants, who had produced a trivia book about that show, had entered a market that the plaintiffs might wish to enter

Holding plaintiff failed to discharge its burden by submitting evidence of the defendant's gross revenues when the revenue included sales that were in no way promoted by the infringing advertisement

Holding that book containing detailed synopses of episodes of television show "Twin Peaks" would, absent a fair use defense, infringe copyright on television show

Adopting Fed.R.Civ.P. 37

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

Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"