24 Cited authorities

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
Sony Corp. v. Universal City Studios, Inc.
464 U.S. 417 (1984) Cited 967 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 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”
Kirtsaeng v. John Wiley & Sons, Inc.
568 U.S. 519 (2013) Cited 150 times 65 Legal Analyses
Holding the first sale doctrine applies to copies of a copyrighted work manufactured abroad
Eldred v. Ashcroft
537 U.S. 186 (2003) Cited 192 times 6 Legal Analyses
Holding that “every idea, theory, and fact in a copyrighted work becomes instantly available for public exploitation at the moment of publication.”
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
A.V. ex rel. Vanderhye v. Iparadigms, LLC
562 F.3d 630 (4th Cir. 2009) Cited 119 times 8 Legal Analyses
Holding that “loss” is broadly defined and “plainly contemplates ... costs incurred as part of the response to a CFAA violation, including the investigation of an offense”
Ringgold v. Black Entertainment Tel., Inc.
126 F.3d 70 (2d Cir. 1997) Cited 155 times 1 Legal Analyses
Holding use of a poster as decoration — "a central purpose for which it was created" — not transformative
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"

The Authors Guild et al v. Google Inc.

24 Cited authorities

Holding that if a new work "supersede the use of the original," it is probably not a fair use

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 the first sale doctrine applies to copies of a copyrighted work manufactured abroad

Holding that “every idea, theory, and fact in a copyrighted work becomes instantly available for public exploitation at the moment of publication.”

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 that “loss” is broadly defined and “plainly contemplates ... costs incurred as part of the response to a CFAA violation, including the investigation of an offense”

Holding use of a poster as decoration — "a central purpose for which it was created" — not transformative

Holding the use of photographs in a series of paintings was transformative because the changes resulted in a "fundamentally different aesthetic"