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The Authors Guild, Inc. et al v. Hathitrust et al

MEMORANDUM OF LAW in Opposition re: 74 MOTION for Summary Judgment., 100 MOTION for Summary Judgment.. Document

29 Cited authorities

  1. 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

  2. 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”

  3. 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”

  4. 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"

  5. Polera v. Board of Educ. of Newburgh

    288 F.3d 478 (2d Cir. 2002)   Cited 400 times
    Holding reimbursement for private tutoring available under the IDEA

  6. Texaco Inc. v. American Geophysical Union

    516 U.S. 1005 (1995)   Cited 91 times
    Noting that "were a court automatically to conclude in every case that potential licensing revenues were impermissibly impaired simply because the secondary user did not pay a fee for the right to engage in the use, the fourth fair use factor would always favor the copyright holder"

  7. Rogers v. Koons

    960 F.2d 301 (2d Cir. 1992)   Cited 282 times   7 Legal Analyses
    Holding that requiring a defendant to turn over infringing works "is an equitable remedy issued under the broad powers vested in a trial judge"

  8. Blanch v. Koons

    467 F.3d 244 (2d Cir. 2006)   Cited 133 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"

  9. Sega Enterprises Ltd. v. Accolade, Inc.

    977 F.2d 1510 (9th Cir. 1992)   Cited 171 times   4 Legal Analyses
    Holding that wholesale copying of copyrighted code as a preliminary step to develop a competing product was a fair use

  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 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,249 times   119 Legal Analyses
    Granting protection to "literary works"

  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 108 - Limitations on exclusive rights: Reproduction by libraries and archives

    17 U.S.C. § 108   Cited 37 times   3 Legal Analyses
    Prohibiting systematic reproduction of “the same material”

  14. 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