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The Authors Guild et al v. Google Inc.

REPLY MEMORANDUM OF LAW in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document

27 Cited authorities

  1. 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”

  2. 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”

  3. Bagdadi v. Nazar

    84 F.3d 1194 (9th Cir. 1996)   Cited 672 times
    Holding that a video was published once it was offered to a single school for use in its public classrooms

  4. Ford Motor Co. v. Summit Motor Products, Inc.

    930 F.2d 277 (3d Cir. 1991)   Cited 625 times
    Holding that reviewing court would not consider an issue raised on appeal but not considered by jury at trial

  5. 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

  6. Central Hudson Gas Elec. v. Empresa Naviera

    56 F.3d 359 (2d Cir. 1995)   Cited 239 times
    Holding that parties' interests must be identical for a finding of privity

  7. Bill Graham Archives v. Dorling Kindersley

    448 F.3d 605 (2d Cir. 2006)   Cited 131 times   3 Legal Analyses
    Holding that even the use of an entire original work may be permissible fair use, so long as the use is “tailored to further [the new work's] transformative purpose”

  8. Cartoon Network v. CSC Holdings

    536 F.3d 121 (2d Cir. 2008)   Cited 118 times   22 Legal Analyses
    Holding there was no direct copyright infringement when copies of copyrighted television programs and movies were recorded by a cable company's digital video recorder (DVR) because copies were automatically made upon the customer's demand

  9. Cariou v. Prince

    714 F.3d 694 (2d Cir. 2013)   Cited 96 times   31 Legal Analyses
    Holding the use of photographs in a series of paintings was transformative because the changes resulted in a "fundamentally different aesthetic"

  10. Kelly v. Arriba Soft Corp.

    336 F.3d 811 (9th Cir. 2002)   Cited 126 times   8 Legal Analyses
    Holding publication of images on internet before defendant's copying favored fair use

  11. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,742 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”

  12. 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

  13. 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