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 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Circuit Court rulings are binding within a certain portion of it (the circuit in question); District Court rulings are not binding precedent, but may still be referred to by other courts.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 | Court/Year | Findings |
|---|---|---|---|
| Wheaton v. Peters | 33 U.S. (8 Pet.) 591 | 1834 | There is no such thing as common law copyright and one must observe the formalities to secure a copyright. |
| Baker v. Selden | 101 U.S. 99 | 1879 | Idea-expression divide. |
| Burrow-Giles Lithographic Co. v. Sarony | 111 U.S. 53 | 1884 | Extended copyright protection to photography. |
| White-Smith Music Publishing Company v. Apollo Company | 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 | 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 | 223 F. 862 | D.Mass. 1914 | Limits of fair use with respect to an educational context and to summaries. |
| Nutt v. National Institute Inc. | 31 F.2d 236 | 2d Cir. 1929 | It is not the subject that is protected by copyright. It is the treatment of a subject that is protected. |
| Nichols v. Universal Pictures Co. | 45 F.2d 119 | 2d Cir. 1930 | No copyright for "stock characters". |
| Cain v. Universal Pictures | 47 F.Supp. 1013 | S. Dist. Calif 1942 | Scènes à faire |
| Shostakovich v. Twentieth Century-Fox Film Corp. | 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 works. |
| Alfred Bell & Co. v. Catalda Fine Arts, Inc. | 191 F.2d 99 | 2d. Cir. 1951 | Variations of works in the public domain 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 | 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). |
| F. W. Woolworth Co. v. Contemporary Arts, Inc. | 344 U.S. 227 | 1952 | Provided wide latitude to judges when determining legal remedies 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. | 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. |
| Roth Greeting Cards v. United Card Co | 429 F.2d 1106 | 9th Cir. 1970 | Copyright may be infringed when total concept and feel is the same |
| Williams & Wilkins Co. v. United States | 487 F.2d 1345 | Ct. Cl. 1973 | Libraries' photocopying for research was fair use. |
| Twentieth Century Music Corp. v. Aiken | 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. |
| Reyher v. Children's Television Workshop | 533 F.2d 87 | 2d Cir. 1976 | The essence of infringement lies in taking not a general theme but its particular expression |
| Gilliam v. American Broadcasting | 538 F.2d 14 | 2d Cir. 1976 | Moral rights infringed by unauthorized editing of TV show |
| Sid & Marty Krofft Television Productions Inc. v. McDonald's Corp. | 562 F.2d 1157 | 9th Cir. 1977 | Extrinsic and intrinsic tests may be used to determine substantial similarity |
| Wainwright Securities v. Wall Street Transcript Corp | 558 F.2d 91 | 2d Cir. 1977 | The essence or purpose of legitimate journalism is the reporting of objective facts or developments, not the appropriation of the form of expression used by the news source |
| Schnapper v. Foley | 667 F.2d 102 | D.C. Cir. 1981 | Affirmed that copyright exists for works created by contractors for the US government. |
| Stern Electronics, Inc. v. Kaufman | 669 F.2d 852 | 2d Cir. 1982 | Copyright on computer programs includes images and sounds as well as the computer code. |
| See v. Durang | 711 F.2d 141 | 9th Cir. 1983 | Copying deleted or so disguised as to be unrecognizable is not copying |
| Apple Computer, Inc. v. Franklin Computer Corp. | 714 F.2d 1240 | 3rd Cir. 1983 | Computer software is protected by copyright (affirmed and obsoleted by subsequent legislation). |
| Sony Corp. of America v. Universal City Studios, Inc. (the "Betamax case") | 464 U.S. 417 | 1984 | Products with substantial non-infringing uses (video recorders) 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 | 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 |
| Whelan v. Jaslow | 797 F.2d 1222 | 3rd Cir. 1986 | Copyright protection of computer programs may extend beyond the programs' literal code to their structure, sequence and organization |
| Broderbund v. Unison | 648 F. Supp. 1127, 1133 | N.D. Cal. 1986 | Copyright may extend to the look and feel of a computer program's display |
| Steinberg v. Columbia Pictures Industries, Inc. | 663 F. Supp. 706 | S.D.N.Y. 1987 | Derivative works. |
| Salinger v. Random House | 811 F.2d 90 | 2d Cir. 1987 | An author has a right to protect the expressive content of his unpublished writings for the term of his copyright, and that right prevails over a claim of fair use under "ordinary circumstances" |
| Anderson v. Stallone | 11 USPQ2D 1161 | C.D. Cal 1989 | Derivative works. |
| Community for Creative Non-Violence v. Reid | 490 U.S. 730 | 1989 | Works for hire. |
| Wright v. Warner Books | 953 F.2d 731 | 2d Cir. 1991 | Sparing use of creative expression from unpublished letters and journals may constitute fair use |
| 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. |
| 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. |
| Feist Publications v. Rural Telephone Service | 499 U.S. 340 | 1991 | Affirmed the need for a minimal amount of creativity before a work is copyrightable. "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 | 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. | 982 F.2d 693 | 2d Cir. 1992 | "Substantial similarity" is required for copyright infringement to occur. |
| Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. | 780 F. Supp. 1283 | 9th Cir. 1992 | Consumers may modify purchased computer games for their own use. |
| Rogers v. Koons | 960 F.2d 301 | 2d Cir. 1992 | Fair use and parody. |
| MAI Systems Corp. v. Peak Computer, Inc. | 991 F.2d 511 | 9th Cir. 1993 | RAM ("working memory") copies of computer programs are governed by copyright. |
| Apple Computer, Inc. v. Microsoft Corp. | 35 F.3d 1435 | 9th Cir. 1994 | Certain components of computer programs' graphical user interfaces are not copyrightable. |
| Campbell v. Acuff-Rose Music, Inc. | 510 U.S. 569 | 1994 | Commercial parody can be fair use. |
| Carter v. Helmsley-Spear Inc. | 861 F. Supp. 303 | S.D.N.Y., 1994 | Interpreting moral rights provisions of U.S. Visual Artists Rights Act (overturned for other reasons: 71 F.3d 77 (2d Cir. 1995), cert. denied 116 S. Ct. 1824 (1996)). |
| Lotus v. Borland | 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 | 907 F. Supp. 1361 | N.D. Cal. 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. | 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. | 14 F.Supp.2d 154 | District Court of Massachusetts 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. | 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 applies to software. |
| UMG v. MP3.com | 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. | 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. | CV 00-04161 DDP (AJWx) | C.D.C.A. 2001 | The first-sale doctrine applies to software. |
| Suntrust v. Houghton Mifflin | 252 F. 3d 1165 | 11th Cir. 2001 | Parody and fair use. |
| Universal v. Reimerdes | 273 F.3d 429 | 2d Cir. 2001 | Affirmed the anti-circumvention provisions of the Digital Millennium Copyright Act. |
| 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 | 336 F.3d 811 | 9th Cir. 2003 | Thumbnails and inline linking can be fair use. |
| Dastar Corp. v. Twentieth Century Fox Film Corp. | 539 U.S. 23 | 2003 | Trademark cannot preserve rights to a public domain work. |
| Eldred v. Ashcroft | 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 | 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 an employee of the Internet service provider before the photographs were stored and displayed. |
| Arizona Cartridge Remanufacturers Association Inc. v. Lexmark International Inc. | 03-16987 D.C. No. CV-01-04626SBA/JL OPINION | 9th Cir. 2005 | End User License Agreements 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. | 545 U.S., 125 S. Ct. 2764 | 2005 | Distributors of peer-to-peer 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. 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 | 494 F.3d 788 | 9th Cir. 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. |
| MDY Industries v. Blizzard Entertainment | 629 F. 3d 928 | 9th Cir. 2010 | Addressing whether certain unlicensed acts are copyright infringement or merely violations of contract. |
| Ouellette v. Viacom International Inc. | CV 10–133–M–DWM–JCL; 2011 WL 1882780 | D. Mont. 2011 | The safe harbor provision of the DMCA does not provide a cause of action against service providers that take down videos. |
| Cambridge University Press v. Patton | 1:2008cv01425 | N.D. Ga. 2011 | University's use of copyrighted material in e-reserves does not constitute direct or vicarious infringement. |
| Golan v. Holder | 2012 | The Constitution gives broad discretion to Congress to decide how best to promote the "progress of science and the useful arts" |
Read more about this topic: List Of Copyright Case Law
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