List of copyright case law - AbsoluteAstronomy.com

The following is a list of cases that deal with issues of concern to copyright

Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...

in various jurisdictions. Some of these cases are leading English cases as the law of copyright in various Commonwealth

Commonwealth of Nations

The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...

jurisdictions developed out of English law while these countries were colonies of the British Empire

British Empire

The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...

. Other cases provide background in areas of copyright law that may be of interest for the legal reasoning or the conclusions they reach.

Australia

Victoria Park Racing and Recreation Grounds Co. Ltd v. Taylor
Victoria Park Racing and Recreation Grounds Co. Ltd v. Taylor
FactsThe plaintiff owned a racing track which charged admissions to people who placed bets on the races. Taylor was a neighbour of Victoria Park. Taylor built a platform on his land to view the races and odds being given at the track. Taylor broadcast this information to people participating in...

(1937) 58 CLR 479 idea-expression divide
Idea-expression divide
The idea–expression divide or idea–expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.The case of Baker v. Selden was the first U.S...
Cuisenaire v. Reed (1963) VR 719 (a literary work cannot be infringed by a three-dimensional reproduction)
Commissioner of Tax (1970) 121 CLR 154 [negative right definition]
Elanco v. Mandops (1979) FSR 46 (instructions on herbicide are a literary device)
Zeccola v. Universal City Studios Inc. (1982) 46 ALR 189: there is no copyright in the idea of a theme or a story, but there may be a time where a combination of events and characters reaches sufficient complexity as to give rise to dramatic work copyright
Computer Edge Pty Ltd v. Apple Computer Inc (1986) 161 CLR 171 (test in Exxon for literary work is "not intended to establish a comprehensive or exhasutive definition of literary work for copyright purposes" per Mason and Wilson JJ)
CBS Records v. Gross (1989) 15 IPR 385 (a cover version of a song can be an original work itself capable of copyright protection)
Greenfield Products Pty Ltd v. Rover-Scott Bonnar Ltd (1990) 17 IPR 417 per Pincus J, what is not a sculpture
Yumbulul v. Reserve Bank of Australia (1991) 21 IPR 481: "copyright law does not provide adequate protection of Aboriginal community claims to regulate the reproduction and use of works which are essentially communal in origin"
Autodesk v. Dyason (No.2) (1993) 111 ALR 385 (the idea-expression divide
Idea-expression divide
The idea–expression divide or idea–expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.The case of Baker v. Selden was the first U.S...

is the "dominant principle in copyright law" per Mason CJ: "when the expression of any idea is inseparable from its function, it forms part of the idea and is not entitled to the protection of copyright" per Dawson J)
Sega Enterprises Ltd v. Galaxy Electronics Pty Ltd 35 IPR 161 (1997): interactive video games involving computer images fall in the definition of cinematograph film
Telstra v Desktop Marketing Systems [2001]: originality required to attract copyright protection - Treat this with caution - see Nine v IceTV as a better case

Canada

Muzak Corp. v. CAPAC [1953] 2 S.C.R. 45 Authorization as infringement.
Canadian Admiral Corp. v. Rediffusion Inc.
Canadian Admiral Corp. v. Rediffusion Inc.
Canadian Admiral Corporation Ltd. v. Rediffusion Inc. , [1954] Ex. CR 382, 20 CPR 75 is a Canadian copyright law decision by the Exchequer Court . The Court held that rebroadcasting of public performances by cable companies did not violate any communication rights or public performance rights...

[1954] Ex. C.R. 382 performance in public
Cuisenaire v. South West Imports Ltd. [1968] 1 Ex C.R. 493
Snow v. The Eaton Centre Ltd.
Snow v. The Eaton Centre Ltd.
Snow v. The Eaton Centre Ltd. 70 C.P.R. 105 is a leading Canadian decision on moral rights. The Ontario High Court of Justice affirmed the artist's right to integrity of their work...

(1982) 70 C.P.R. (2d) 105 (Ont. H.C.): moral rights
Apple Computer Inc. v. Mackintosh Computers Ltd.
Apple Computer Inc. v. Mackintosh Computers Ltd.
Apple Computer, Inc. v. Mackintosh Computers Ltd. , 10 CPR 1, is a Canadian case on copyright law regarding the copyrightability of software...

[1987] copyright in computer programs
DRG Inc. v. Datafile Ltd. (1987), 18 C.P.R. (3d) 538
Prise de Parole Inc. v. Guerin [1995] F.C.J. No. 1583: Moral rights
Gould Estate v. Stoddart Publishing Co. Ltd.
Gould Estate v. Stoddart Publishing Co. Ltd.
Gould Estate v. Stoddart Publishing Co. Ltd. 1998 CanLII 5513 , is a Canadian copyright case on the ownership of copyright and requirements of fixation.-Background:...

(1996), 74 C.P.R. (3d) 206
Delrina Corp. v. Triolet Systems Inc. (2002) Ontario
Théberge v. Galerie d'Art du Petit Champlain Inc.
Théberge v. Galerie d'Art du Petit Champlain Inc.
Théberge v. Galerie d'Art du Petit Champlain Inc. is one of the Supreme Court of Canada's leading cases on copyright law. This case interprets the meaning of "reproduction" within the Copyright Act of Canada, and touches on the moral rights to copyrighted material and how much control an author...

[2002] 2 S.C.R. 336 Canadian definition of "reproduction".
Robertson v. Thomson Corp.
Robertson v. Thomson Corp.
Robertson v. Thomson Corp., is a 2006 Supreme Court of Canada decision on the ownership of copyright in published text that are stored in databases. The ruling held that though a newspaper held the copyright in the collection and the arrangement of freelance articles and in its newspaper, it...

(2004) Ont. CA republication of collective works in electronic databases
CCH Canadian Ltd. v. Law Society of Upper Canada
CCH Canadian Ltd. v. Law Society of Upper Canada
CCH Canadian Limited v. Law Society of Upper Canada, [2004] 1 S.C.R. 339, is a landmark Supreme Court of Canada case that establishes the bounds of fair dealing in Canadian copyright law. A group of publishers sued the Law Society of Upper Canada for copyright infringement for providing photocopy...

2004 SCC 13 (established that setting up the facilities that allow copying does not amount to authorizing infringement)
Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Providers 2004 SCC 45 (ISPs as common carriers. Status of caches)
BMG Canada Inc. v. Doe 2005 FCA 193 (privacy rights of filesharers)

France

Societe Le Chant du Monde v. Societe Fox Europe and Societe Fox Americaine Twentieth Century
Societe Le Chant du Monde v. Societe Fox Europe and Societe Fox Americaine Twentieth Century
Societe Le Chant du Monde v. Societe Fox Europe and Societe Fox Americaine Twentieth Century is a French case had the same facts as the New York case Shostakovich v. Twentieth Century-Fox, wherein four Russian composers sued Fox to prevent the use of their public domain compositions in an...

Cour d'appel, Paris, Jan. 13, 1953, D.A. 1954, 16, 80, held in favor of the plaintiffs due to the very strong moral rights regime in France.

India

Pine Labs Pvt Ltd vs Gemalto Terminals India Pvt Limited- in FAO(OS) 635 of 2009 decided by DB Delhi High Court on 3.8.2011 (http://lobis.nic.in/dhc/AKS/judgement/01-10-2011/AKS03082011FAOOS6352009.pdf Pine Labs Pvt Ltd vs Gemalto Terminals India Ltd and others): In the absence of the period of assignment or territory of assignment being specified, the assignment is deemed to be for 5 years and territory is deemed to be the territory of India as per section 19(5) and 19(6) of Copyright Act. After the period of 5 years, copyright reverts back to assignor.

New Zealand

Green v. Broadcasting Corp of NZ (1989) APIC 90-590: Privy Council definition of "dramatic works": " a dramatic work must have sufficient unity to be capable of performance"

United Kingdom

Gyles v Wilcox
Gyles v Wilcox
Gyles v Wilcox 26 ER 489 was a decision of the Court of Chancery of England that established the doctrine of fair abridgement, which would later evolve into the concept of fair use. The case was heard and the opinion written by Philip Yorke, 1st Earl of Hardwicke, and concerned Fletcher Gyles, a...

(1740) 3 Atk. 143; 26 Eng. Rep. 489 (a fair abridgement of a work is not copyright infringement)
Millar v. Taylor
Millar v. Taylor
Millar v Taylor 4 Burr. 2303, 98 ER 201 is an English court decision that held there is a perpetual common law copyright and that no works ever enter the public domain...

(1769) 4 Burr 2303; 98 ER 201 (copyright is a form of property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...

)
Donaldson v. Beckett
Donaldson v. Beckett
Donaldson v Beckett 2 Brown's Parl. Cases 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257 ; 17 Cobbett's Parl. Hist. 953 is the ruling by the United Kingdom House of Lords that denied the continued existence of a perpetual common law copyright and held that copyright was a creation of...

(1774) 4 Burr 2408; 98 ER 257 (copyright is not perpetual)
Dick v. Yates (1881) 18 Ch D 76: a title is not long enough to constitute a literary work
Kenrick v. Lawrence
Kenrick v. Lawrence
Kenrick v. Lawrence L.R. 25, Q.B.D. 99 was a seminal English case on the nature of copyright. In it the court establishes the extent for which copyright protection is given for a work and at which point it crosses the line from "expression", which is protected, to "idea", which is not.A company...

(1890) L.R. QBD 99
Hollingrake v. Truswell [1894] Ch. 420
Walter v. Lane
Walter v. Lane
Walter v. Lane [1900] AC 539, was a judgement of the House of Lords on the question of Authorship under the Literary Copyright Act 1842. It has come to be recognised as a seminal case on the notion of originality in copyright law.-Facts:...

(1900) AC 539 ("reporter's copyright")
Corelli v. Grey (1913) 29 TLR 570 (four reasons for clear objective similarity between works)
University of London Press Ltd. v. University Tutorial Press Ltd. [1916] 2 Ch. 601
Re Dickens (1934) 1 Ch 267
Hawkes & Son (London) Ltd v. Paramount Film Service Ltd [1934] 1 Ch 593: the Colonel Bogey case - infringement of copyright occurs when "a substantial, a vital and an essential part" of a work is copied, per Lord Slesser
Jennings v. Stephens [1936] Ch. 469 "performance in public" as infringement.
Donahue v. Allied Newspapers Ltd (1938) Ch 106 [ "idea-expression divide
Idea-expression divide
The idea–expression divide or idea–expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.The case of Baker v. Selden was the first U.S...

"]
Ladbroke (Football) Ltd v. William Hill (Football) Ltd [1964]1 WLR 273
LB (Plastics) Ltd. v. Swish Products Ltd.
LB (Plastics) Ltd. v. Swish Products Ltd.
LB Ltd. v. Swish Products Ltd., is a 1979 decision of the House of Lords as to whether a physical object is an infringing copy of a drawing depicting the object...

[1979] RPC 551 (the basis of copyright protection is that "one man must not be able to appropriate the result of another's labour")
Exxon Corp v. Exxon Insurance Consultants International (1981) 3 All ER 241 [Exxon name has no copyright]
Express Newspapers v. News (UK) Ltd (1990) 18 IPR 201 (confirming Walter v. Lane
Walter v. Lane
Walter v. Lane [1900] AC 539, was a judgement of the House of Lords on the question of Authorship under the Literary Copyright Act 1842. It has come to be recognised as a seminal case on the notion of originality in copyright law.-Facts:...

)

United States

Note: if no court name is given, according to convention, the case is from the Supreme Court of the United States

Supreme Court of the United States

The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

. Supreme Court rulings are binding precedent across the United States; Circuit Court rulings are binding within a certain portion of it (the circuit in question); District Court rulings are not binding precedent, but may still be referred to by other courts.

Case name	Reporter Case citation Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...	Court/Year	Findings
Wheaton v. Peters Wheaton v. Peters Wheaton v. Peters, , was the first United States Supreme Court ruling on copyright. The case upheld the power of Congress to make a grant of copyright protection subject to conditions and rejected the doctrine of a common law copyright. This was also Chief Justice John Marshall's last major...	33 U.S. (8 Pet.) 591	1834	There is no such thing as common law copyright Common law copyright Common law copyright is the legal doctrine which contends that copyright is a natural right and creators are therefore entitled to the same protections anyone would be in regard to tangible and real property... and one must observe the formalities to secure a copyright.
Baker v. Selden Baker v. Selden Baker v. Selden, , was a leading Supreme Court of the United States copyright case cited to explain the idea-expression dichotomy.-Facts:...	101 U.S. 99	1879	Idea-expression divide Idea-expression divide The idea–expression divide or idea–expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.The case of Baker v. Selden was the first U.S... .
Burrow-Giles Lithographic Co. v. Sarony Burrow-Giles Lithographic Co. v. Sarony Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 , was a case decided by the Supreme Court of the United States that upheld the power of Congress to extend copyright protection to photography.-Background of the case:...	111 U.S. 53	1884	Extended copyright protection to photography Photography Photography is the art, science and practice of creating durable images by recording light or other electromagnetic radiation, either electronically by means of an image sensor or chemically by means of a light-sensitive material such as photographic film... .
White-Smith Music Publishing Company v. Apollo Company White-Smith Music Publishing Company v. Apollo Company White-Smith Music Publishing Company v. Apollo Company, 209 U.S. 1 , was a decision by the Supreme Court of the United States which ruled that manufacturers of music rolls for player pianos did not have to pay royalties to the composers...	209 U.S. 1	1908	Reproduction of the sounds of musical instruments playing music for which copyright granted not a violation of the copyright.
Bobbs-Merrill Co v. Straus	210 U.S. 339	1908	No license to use copyrighted material. License cannot extend holder's rights beyond statute defined by Congress.
Bauer & Cie. v. O'Donnell Bauer & Cie. v. O'Donnell Bauer & Cie. v. O'Donnell, 229 U.S. 1 was a United States Supreme Court decision involving licensing terms on patented works.Bauer & Cie sold Sanatogen, a patented water soluble albuminoid, with this notice on each bag:...	229 U.S. 1	1913	Differences between patent and copyright defined also prohibits a license from extending holder's rights beyond statute.
Macmillan Co. v. King Macmillan Co. v. King Macmillan Co. v. King, 223 F. 862 was a copyright infringement case brought by a publisher of a two-volume economics textbook written by a Harvard University professor in the United States District Court for the District of Massachusetts...	223 F. 862	D.Mass. United States District Court for the District of Massachusetts The United States District Court for the District of Massachusetts is the federal district court whose jurisdiction is the Commonwealth of Massachusetts, USA. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and until 1813 court session locations... 1914	Limits of fair use Fair use Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders... with respect to an educational context and to summaries.
Nichols v. Universal Pictures Co.	45 F.2d 119	2d Cir. United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals... 1930	No copyright for "stock characters".
Shostakovich v. Twentieth Century-Fox Film Corp. Shostakovich v. Twentieth Century-Fox Shostakovich v. Twentieth Century-Fox Film Corp., 80 N.Y.S.2d 575 , aff'd, 87 N.Y.S.2d 430 , was a copyright lawsuit...	196 Misc. 67, 80 N.Y.S.2d 575 (N.Y. Sup. Ct. 1948), aff'd 275 A.D. 692, 87 N.Y.S.2d 430 (1949)	1948–9	No moral rights in public domain Public domain Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all... works.
Alfred Bell & Co. v. Catalda Fine Arts, Inc.	191 F.2d 99	2d. Cir. 1951	Variations of works in the public domain Public domain Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all... can be copyrighted if the new "author" contributed something more than a "merely trivial" variation, but no large measure of novelty is necessary.
National Comics Publications v. Fawcett Publications National Comics Publications v. Fawcett Publications National Comics Publications v. Fawcett Publications, 191 F.2d 594 , was a decision by the United States Court of Appeals for the Second Circuit in a twelve-year legal battle between National Comics and the Fawcett Comics division of Fawcett Publications, concerning Fawcett's Captain Marvel...	191 F.2d 594 (1951), clarified 198 F.2d 927 (1952)	2d Cir. 1951–2	Derivative works; an author does not forfeit his copyright to a piece of intellectual property if his work is contracted to another who fails to properly copyright works which incorporate the original property (obsoleted by Copyright Act of 1976 Copyright Act of 1976 The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions... ).
F. W. Woolworth Co. v. Contemporary Arts, Inc. F. W. Woolworth Co. v. Contemporary Arts, Inc. F. W. Woolworth Co. v. Contemporary Arts, Inc. nicknamed The Cocker Spaniel Case, , is a United States Supreme Court case regarding copyright infringement. The Copyright Act of 1909 allows recovery of either the profits of the infringing company or of the damages suffered by the copyright holder...	344 U.S. 227	1952	Provided wide latitude to judges when determining legal remedies Legal remedy A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will.... based on the facts of the case.
Mazer v. Stein	347 U.S. 201	1954	Extended copyright protection to applied art.
Irving Berlin et al. v. E.C. Publications, Inc. Irving Berlin et al. v. E.C. Publications, Inc. Irving Berlin et al. v. E.C. Publications, Inc., 329 F.2d 541 , was an important United States copyright law decided by the United States Court of Appeals for the Second Circuit in 1964....	329 F. 2d 541	2d. Cir. 1964	Parody.
Fortnightly Corp. v. United Artists	392 U.S. 390	1968	Television broadcasters "perform" copyrighted works. Viewers do not perform. CATV was more like a viewer than a broadcaster and did not infringe when rebroadcasting copyrighted works.
Williams & Wilkins Co. v. United States Williams & Wilkins Co. v. United States Williams & Wilkins Co. v. United States, 487 F.2d 1345 , was an important intellectual property decision by the federal Court of Claims, later affirmed by a per curiam opinion from an evenly divided United States Supreme Court, with only eight justices voting...	487 F.2d 1345	Ct. Cl. United States Court of Federal Claims The United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. The court is established pursuant to Congress's authority under Article One of the United States Constitution... 1973	Libraries' photocopying for research was fair use Fair use Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders... .
Twentieth Century Music Corp. v. Aiken Twentieth Century Music Corp. v. Aiken Twentieth Century Music Corp v. Aiken, 411 U.S. 151 , was an important decision of the United States Court of Appeals for the Third Circuit that declared that questioned whether the reception of a copyrighted song on a radio broadcast constitutes a copyright violation if the copyright owner has...	422 U.S. 151	1975	Playing a radio broadcast of a copyrighted work at a business was not copyright infringement Radio reception does not constitute a "performance" of copyrighted material.
Schnapper v. Foley	667 F.2d 102	D.C. Cir. United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a... 1981	Affirmed that copyright exists for works created by contractors for the US government.
Stern Electronics, Inc. v. Kaufman Stern Electronics, Inc. v. Kaufman Stern Electronics Inc. v. Kaufman, 669 F.2d 852 , was a judgment by the U.S. Court of Appeals for the Second Circuit that Stern Electronics could copyright the images and sounds in a game, not just the source code that produced them....	669 F.2d 852	2d Cir. 1982	Copyright on computer programs includes images and sounds as well as the computer code.
Apple Computer, Inc. v. Franklin Computer Corp. Apple Computer, Inc. v. Franklin Computer Corp. Apple Computer, Inc. v. Franklin Computer Corp., 714 F.2d 1240 , was the first time an appellate level court in the United States held that a computer's operating system could be protected by copyright....	714 F.2d 1240	3rd Cir. United States Court of Appeals for the Third Circuit The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey... 1983	Computer software is protected by copyright (affirmed and obsoleted by subsequent legislation).
Sony Corp. of America v. Universal City Studios, Inc. Sony Corp. of America v. Universal City Studios, Inc. Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 , also known as the "Betamax case", is a decision by the Supreme Court of the United States which ruled that the making of individual copies of complete television shows for purposes of time-shifting does not constitute copyright... (the "Betamax case")	464 U.S. 417	1984	Products with substantial non-infringing uses (video recorders Videocassette recorder The videocassette recorder , is a type of electro-mechanical device that uses removable videocassettes that contain magnetic tape for recording analog audio and analog video from broadcast television so that the images and sound can be played back at a more convenient time... ) may be sold even if they can be used illicitly.
Dowling v. United States	473 U.S. 207	1985	Copyright infringement is not theft, conversion, or fraud; illegally-made copies are not stolen goods.
Harper & Row v. Nation Enterprises Harper & Row v. Nation Enterprises Harper & Row v. Nation Enterprises, 471 U.S. 539 , was a United States Supreme Court decision that determined that fair use is not a defense to the appropriation of work by a famous political figure simply because of the public interest in learning of that political figure's account of an historic...	471 U.S. 539	1985	The interest served by republication of a public figure's account of an event is not sufficient to permit nontransformative fair use.
Fisher v. Dees	794 F.2d 432	9th Cir. 1986	Parody of song performance is legitimate fair use
Steinberg v. Columbia Pictures Industries, Inc. Steinberg v. Columbia Pictures Industries, Inc. Steinberg v. Columbia Pictures Industries, Inc., 663 F. Supp. 706 was a federal case in which artist Saul Steinberg sued various parties involved with producing and promoting the 1984 movie "Moscow on the Hudson", claiming that a promotional poster for the movie infringed his copyright in a...	663 F. Supp. 706	S.D.N.Y. 1987	Derivative works.
Anderson v. Stallone Anderson v. Stallone Anderson v. Stallone, 11 USPQ2D 1161 was a copyright infringement lawsuit against Sylvester Stallone, MGM, and other parties over a script for Stallone's film Rocky IV...	11 USPQ2D 1161	C.D. Cal 1989	Derivative works.
Community for Creative Non-Violence v. Reid Community for Creative Non-Violence v. Reid Community for Creative Non-Violence v. Reid, 490 U.S. 730 , was a United States Supreme Court case regarding ownership of copyright.-Facts:...	490 U.S. 730	1989	Works for hire.
Basic Books, Inc. v. Kinko's Graphics Corporation	758 F. Supp. 1522	S.D.N.Y. 1991	Articles copied for educational use are not necessarily fair use.
Advent Sys. Ltd. v. Unisys Corp	925 F.2d 670, 675-76	3d Cir. 1991	The sale of software is the sale of a good within the meaning of the Uniform Commercial Code Uniform Commercial Code The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is... .
Downriver Internists v. Harris Corp	929 F.2d 1147, 1150	6th Cir. 1991	The sale of software is the sale of a good within the meaning of the Uniform Commercial Code Uniform Commercial Code The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is... .
Feist Publications v. Rural Telephone Service Feist Publications v. Rural Telephone Service Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 , commonly called Feist v. Rural, is an important United States Supreme Court case establishing that information alone without a minimum of original creativity cannot be protected by copyright...	499 U.S. 340	1991	"Sweat of the brow" alone is not sufficient to bestow copyright.
Grand Upright Music, Ltd. v. Warner Bros. Records, Inc.	780 F. Supp. 182	SDNY 1991	Music sampling is generally copyright infringement.
Step-Saver Data Systems, Inc. v. Wyse Technology Step-Saver Data Systems, Inc. v. Wyse Technology Step-Saver Data Systems, Inc. v. Wyse Technology was a case in the U.S. Court of Appeals for the Third Circuit primarily concerned with the enforceability of box-top licenses and end user license agreements and their place in U.S. contract law...	939 F.2d 91	3rd Cir. 1991	The need to characterize the transaction as a license to use software is "largely anachronistic.".
Computer Associates Int. Inc. v. Altai Inc. Computer Associates Int. Inc. v. Altai Inc. Computer Associates International, Inc. v. Altai, Inc., 982 F.2d 693 is a decision from the United States Court of Appeals for the Second Circuit that addressed to what extent non-literal elements of software are protected by copyright law. The court used and recommended a three-step process...	982 F.2d 693	2d Cir. 1992	"Substantial similarity Substantial similarity Substantial similarity is the standard developed and used by United States courts to determine whether a defendant has infringed the reproduction right of a copyright. The standard arises out of the recognition that the exclusive right to make copies of a work would be meaningless if infringement... " is required for copyright infringement to occur.
Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. was a court case which established the rights of users to modify copyrighted works for their own use....	780 F. Supp. 1283	9th Cir. 1992	Consumers may modify purchased computer games for their own use.
Rogers v. Koons Rogers v. Koons Rogers v. Koons, , is a leading U.S. court case on copyright, dealing with the fair use defense for parody. The United States Court of Appeals for the Second Circuit found that an artist copying a photograph could be liable for infringement when there was no clear need to imitate the photograph...	960 F.2d 301	2d Cir. 1992	Fair use Fair use Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders... and parody.
MAI Systems Corp. v. Peak Computer, Inc. MAI Systems Corp. v. Peak Computer, Inc. MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 , was a case heard by the United States Court of Appeals for the Ninth Circuit which addressed the question of whether or not the loading of a software program into RAM by a computer repair technician makes a copy of the software that is a...	991 F.2d 511	9th Cir. 1993	RAM ("working memory") copies of computer program Computer program A computer program is a sequence of instructions written to perform a specified task with a computer. A computer requires programs to function, typically executing the program's instructions in a central processor. The program has an executable form that the computer can use directly to execute... s are governed by copyright.
Apple Computer, Inc. v. Microsoft Corp. Apple Computer, Inc. v. Microsoft Corp. Apple Computer, Inc. v. Microsoft Corporation, 35 F.3d 1435 was a copyright infringement lawsuit in which Apple Computer, Inc. sought to prevent Microsoft Corporation and Hewlett-Packard from using visual graphical user interface elements that were similar to those in Apple's Lisa and Macintosh...	35 F.3d 1435	9th Cir. 1994	Certain components of computer programs' graphical user interface Graphical user interface In computing, a graphical user interface is a type of user interface that allows users to interact with electronic devices with images rather than text commands. GUIs can be used in computers, hand-held devices such as MP3 players, portable media players or gaming devices, household appliances and... s are not copyrightable.
Campbell v. Acuff-Rose Music, Inc. Campbell v. Acuff-Rose Music, Inc. Campbell v. Acuff-Rose Music, 510 U.S. 569 was a United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use...	510 U.S. 569	1994	Commercial parody can be fair use Fair use Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders... .
Carter v. Helmsley-Spear Inc. Carter v. Helmsley-Spear Inc. Carter v. Helmsley-Spear, Inc. 861 F. Supp. 303 , rev'd 71 F.3d 77 , cert. denied 116 S. Ct. 1824 .-Overview:...	861 F. Supp. 303	S.D.N.Y., 1994	Interpreting moral rights provisions of U.S. Visual Artists Rights Act Visual Artists Rights Act The Visual Artists Rights Act of 1990 , , is a United States law protecting artist rights.VARA was the first federal copyright legislation to grant protection to moral rights... (overturned for other reasons: 71 F.3d 77 (2d Cir. 1995), cert. denied 116 S. Ct. 1824 (1996)).
Lotus v. Borland Lotus v. Borland Lotus Development Corporation v. Borland International, Inc., 516 U.S. 233 , is a United States Supreme Court case that tested the extent of software copyright...	49 F.3d 807	1st Cir. 1995	Software interfaces per se are "methods of operation" and are not covered by copyright.
Self-Realization Fellowship Church v. Ananda Church	59 F.3d 902, 910	9th Cir. 1995	Renewal rights are not assignable.
Religious Technology Center v. Netcom Religious Technology Center v. Netcom Religious Technology Center v. Netcom On-Line Communication Services, Inc., 907 F. Supp. 1361 , is a U.S. district court case about whether the operator of a computer bulletin board service and Internet access provider that allows that BBS to reach the Internet should be liable for copyright...	907 F. Supp. 1361	N.D. Cal. United States District Court for the Northern District of California The United States District Court for the Northern District of California is the federal United States district court whose jurisdiction comprises following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San... 1995	Immunity of copyright liability for Internet Intermediaries.
Applied Info. Mgmt., Inc, v. Icart	976 Supp. 149, 155	E.D.N.Y. 1997	The sale of software is the sale of a good. Case was dropped.
Itar-Tass Russian News Agency v. Russian Kurier, Inc. Itar-Tass Russian News Agency v. Russian Kurier, Inc. Itar-Tass Russian News Agency v. Russian Kurier, Inc. 153 F.3d 82 , was a copyright case about the Russian language weekly Russian Kurier in New York City that had copied and published various materials from Russian newspapers and news agency reports of Itar-TASS. The case was ultimately decided by...	153 F.3d 82	2d Cir. 1998	Jurisdiction with closest association to putative owner applies to determine copyright ownership.
The Yankee Candle Co. v. New England Candle Co. The Yankee Candle Co. v. New England Candle Co. The Yankee Candle Co. v. New England Candle Co., 14 F.Supp.2d 154 is a district court case from Massachusetts holding that an individual shop within a mall does not qualify as a “building” under 17 U.S.C. § 101...	14 F.Supp.2d 154	District Court of Massachusetts United States District Court for the District of Massachusetts The United States District Court for the District of Massachusetts is the federal district court whose jurisdiction is the Commonwealth of Massachusetts, USA. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and until 1813 court session locations... 1998	Internal structure does not qualify as "building" under 17 U.S.C. § 101.
Bridgeman Art Library Ltd. v. Corel Corporation	36 F. Supp. 2d 191	S.D.N.Y. 1999	"Slavish copying" is inherently uncreative and cannot confer copyright.
Estate of Martin Luther King, Jr., Inc. v. CBS, Inc. Estate of Martin Luther King, Jr., Inc. v. CBS, Inc. Estate of Martin Luther King, Jr., Inc. v. CBS, Inc. is a United States court case that involved a longstanding dispute about the public domain copyright status of Martin Luther King, Jr.'s famous speech, known by the key phrase I have a dream, originally delivered on the steps at the Lincoln...	194 F.3d 1211	11th Cir. 1999	Giving a public speech is not public-domain publication under the 1909 Copyright Act.
Novell, Inc. v. CPU Distrib., Inc.	2000 US Dist. Lexis. 9975	SD Tex. 2000	The first-sale doctrine First-sale doctrine The first-sale doctrine is a limitation on copyright that was recognized by the Supreme Court of the United States in 1908 and subsequently codified in the Copyright Act of 1976,... applies to software Computer software Computer software, or just software, is a collection of computer programs and related data that provide the instructions for telling a computer what to do and how to do it.... .
UMG v. MP3.com UMG v. MP3.com UMG Recordings, Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349 was a landmark case before Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York concerning the Internet...	2000 U.S. Dist. LEXIS 5761	S.D.N.Y. 2000	Distribution of copyrighted music without permission of the copyright holders is infringement even if the downloader already owns a copy of the music.
A & M Records, Inc. v. Napster, Inc. A & M Records, Inc. v. Napster, Inc. A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 was a landmark intellectual property case in which the United States Court of Appeals for the Ninth Circuit affirmed the ruling of the United States District Court for the Northern District of California, holding that defendant, peer-to-peer ...	239 F.3d 1004	9th Cir. 2001	Knowingly failing to take steps to prevent infringement, while benefiting from said infringement, is grounds for contributory infringement. Also, users of file-sharing services infringe by both uploading and downloading works without permission.
New York Times Company v. Tasini	533 U.S. 483	2001	Freelance journalists did not grant electronic republication rights for collective work.
SoftMan Products Co. v. Adobe Systems Inc. SoftMan Products Co. v. Adobe Systems Inc. SoftMan Products Co. v. Adobe Systems Inc. was a lawsuit heard in the U.S. District Court for the Central District of California in 2001 by Judge Dean D...	CV 00-04161 DDP (AJWx)	C.D.C.A. 2001	The first-sale doctrine First-sale doctrine The first-sale doctrine is a limitation on copyright that was recognized by the Supreme Court of the United States in 1908 and subsequently codified in the Copyright Act of 1976,... applies to software Computer software Computer software, or just software, is a collection of computer programs and related data that provide the instructions for telling a computer what to do and how to do it.... .
Suntrust v. Houghton Mifflin Suntrust v. Houghton Mifflin Suntrust v. Houghton Mifflin Co., 252 F. 3d 1165 , opinion at 268 F.3d 1257, was a case decided by the United States Court of Appeals for the Eleventh Circuit against the owner of Margaret Mitchell's Gone with the Wind, vacating an injunction prohibiting the publisher of Alice Randall's The Wind...	252 F. 3d 1165	11th Cir. 2001	Parody and fair use.
Universal v. Reimerdes Universal v. Reimerdes Universal City Studios, Inc. v. Reimerdes was the first test of the Digital Millennium Copyright Act , a United States federal law.The plaintiffs, 8 movie studios, successfully sought an injunction against the distribution of DeCSS, a program capable of decrypting content protected using the...	273 F.3d 429	2d Cir. 2001	Affirmed the anti-circumvention provisions of the Digital Millennium Copyright Act Digital Millennium Copyright Act The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to... .
Veeck v. Southern Bldg. Code Cong. Int'l	241 F.3d 398, 416	5th Cir. 2001	A private organization cannot assert copyright protection for its model codes, after the models have been adopted by a legislative body and become the law.
Kelly v. Arriba Soft Corporation Kelly v. Arriba Soft Corporation Kelly v. Arriba Soft Corporation is a U.S. court case between a commercial photographer and a search engine company. During the case ownership of Arriba Soft changed to Sorceron, the operator of the Internet search engine Ditto.com...	280 F.3d 934	3d Cir. 2002	Thumbnails and inline linking can be fair use.
Dastar Corp. v. Twentieth Century Fox Film Corp. Dastar Corp. v. Twentieth Century Fox Film Corp. Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 , was a copyright and trademark case of the Supreme Court of the United States involving the applicability of the Lanham Act to a work in the public domain.-Background:...	539 U.S. 23	2003	Trademark Trademark A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or... cannot preserve rights to a public domain Public domain Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all... work.
Eldred v. Ashcroft Eldred v. Ashcroft Eldred v. Ashcroft, was a court case in the United States challenging the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act...	537 U.S. 186	2003	Congress may retroactively extend the duration of works still under copyright, as long as the extension is limited.
CoStar v. LoopNet CoStar v. LoopNet CoStar Group, Inc. v. LoopNet, Inc., 373 F.3d 544 , is a United States Court of Appeals for the Fourth Circuit decision about whether LoopNet should be held directly liable for CoStar’s copyrighted photographs posted by LoopNet’s subscribers on LoopNet’s website...	373 F.3d 544	4th Cir. 2004	Internet service provider was found not liable for copyright infringement of photographs uploaded by subscribers, despite the screening process by a employee of the Internet service provider before the photographs were stored and displayed.
Arizona Cartridge Remanufacturers Association Inc. v. Lexmark International Inc. Arizona Cartridge Remanufacturers Association Inc. v. Lexmark International Inc. Arizona Cartridge Remanufacturers Association Inc. v. Lexmark International Inc. 421 F.3d 981 was a decision by the United States Court of Appeals for the Ninth Circuit which ruled that an End User License Agreement on a physical box can be binding on consumers who signal their acceptance of the...	03-16987 D.C. No. CV-01-04626SBA/JL OPINION	9th Cir. 2005	End User License Agreement Software license agreement A software license agreement is a contract between the "licensor" and purchaser of the right to use software. The license may define ways under which the copy can be used, in addition to the automatic rights of the buyer including the first sale doctrine and .Many form contracts are only contained... s on a physical box can be binding on consumers who signal their acceptance of the license agreement by opening the box.
Golan v. Gonzales	No. 01-B-1854, 2005 U.S. Dist. LEXIS 6800	D.Co. 2005	Congress may not retroactively restore copyright in works that have fallen into the public domain (a contrary principle in patent case law being held inapplicable to copyright).
MGM Studios, Inc. v. Grokster, Ltd. MGM Studios, Inc. v. Grokster, Ltd. MGM Studios, Inc. v. Grokster, Ltd. 545 U.S. 913 is a United States Supreme Court decision in which the Court unanimously held that defendant P2P file sharing companies Grokster and Streamcast could be sued for inducing copyright infringement for acts taken in the course of marketing file sharing...	545 U.S., 125 S. Ct. 2764	2005	Distributors of peer-to-peer Peer-to-peer Peer-to-peer computing or networking is a distributed application architecture that partitions tasks or workloads among peers. Peers are equally privileged, equipotent participants in the application... file-sharing software can be liable for copyright infringement if there are "affirmative steps taken to foster infringement".
Perfect 10 v. Google Inc	416 F. Supp. 2d 828	C.D. Cal. 2006	Thumbnails in Web searches were fair use. Framed inline images of full size were not infringing copies. (9th circuit reversed the DC's holding of no Fair Use)
Perfect 10 v. CCBill LLC	488 F.3d 1102	9th Cir. United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona... 2007	DMCA notification procedures place the burden of policing copyright infringement on the owners of the copyright. CDA Section 230 means only “federal intellectual property," and does not include state right of publicity claims.
Perfect 10 v. Visa Perfect 10 v. Visa Perfect 10, Inc. v. Visa Int'l Serv. Ass'n is a court case in which the pornography magazine Perfect 10 filed a complaint against Visa and Mastercard for copyright infringement and trademark infringement.-Background:...	494 F.3d 788	9th Cir. United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona... 2007	A case about secondary copyright infringement
Kahle v. Mukasey	No. 04-17434	9th Cir. 2007	Congress did not alter the "traditional contours of copyright protection" by permitting automatic extension of copyrights.