34 Cited authorities

  1. 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"
  2. Arista Records v. Doe 3

    604 F.3d 110 (2d Cir. 2010)   Cited 2,826 times   1 Legal Analyses
    Holding that "[t]he Twombly plausibility standard . . . does not prevent a plaintiff from pleading facts alleged upon information and belief where the facts are peculiarly within the possession and control of the defendant, or where the belief is based on factual information that makes the inference of culpability plausible"
  3. 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
  4. 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”
  5. 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”
  6. 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"
  7. Perfect 10, Inc. v. Amazon.Com, Inc.

    487 F.3d 701 (9th Cir. 2007)   Cited 468 times   29 Legal Analyses
    Holding that an online image search index was "highly transformative"
  8. 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
  9. Twentieth Century Music Corp. v. Aiken

    422 U.S. 151 (1975)   Cited 209 times   4 Legal Analyses
    Recognizing that the Copyright Act must be construed in light of its basic purpose "[w]hen technological change has rendered its literal terms ambiguous"
  10. Blanch v. Koons

    467 F.3d 244 (2d Cir. 2006)   Cited 134 times   7 Legal Analyses
    Holding that a Jeff Koons painting that was created, in part, through scanning the plaintiff's photograph into a computer and incorporating the scanned image into the painting was transformative because the "copyrighted work [was] used as raw material in the furtherance of distinct creative or communicative objectives"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,812 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,108 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  13. 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”
  14. 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
  15. Section 108 - Limitations on exclusive rights: Reproduction by libraries and archives

    17 U.S.C. § 108   Cited 38 times   3 Legal Analyses
    Prohibiting systematic reproduction of “the same material”
  16. Section 121 - Limitations on exclusive rights: Reproduction for blind or other people with disabilities

    17 U.S.C. § 121   Cited 5 times

    (a) Notwithstanding the provisions of section 106, it is not an infringement of copyright for an authorized entity to reproduce or to distribute in the United States copies or phonorecords of a previously published literary work or of a previously published musical work that has been fixed in the form of text or notation if such copies or phonorecords are reproduced or distributed in accessible formats exclusively for use by eligible persons. (b) (1) Copies or phonorecords to which this section applies