List of copyright case law


The following is a list of cases that deal with issues of concern to copyright in various jurisdictions. Some of these cases are leading English cases as the law of copyright in various Commonwealth jurisdictions developed out of English law while these countries were colonies of the British Empire. Other cases provide background in areas of copyright law that may be of interest for the legal reasoning or the conclusions they reach.

Australia

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across the United States; Circuit Court rulings are binding within a certain portion of it ; District Court rulings are not binding precedent, but may still be referred to by other courts.
Case nameReporterCourt/YearFindings
Wheaton v. Peters33 U.S. 5911834There is no such thing as common law copyright and one must observe the formalities to secure a copyright.
Folsom v. Marsh9. F.Cas. 342 1841Fair use.
Baker v. SeldenList of [United States Supreme Court cases, volume 101|101] U.S. 991879Idea-expression divide.
Burrow-Giles Lithographic Co. v. SaronyList of [United States Supreme Court cases, volume 111|111] U.S. 531884Congress's extension of copyright protection to photography was within scope of Copyright Clause.
Bleistein v. Donaldson Lithographing Co.188 U.S. 2391903Art in advertisements is protected by copyright
White-Smith Music Publishing Company v. Apollo Company209 U.S. 11908Reproduction of the sounds of musical instruments playing music for which copyright granted not a violation of the copyright.
Bobbs-Merrill Co v. Straus210 U.S. 3391908No license to use copyrighted material. License cannot extend holder's rights beyond statute defined by Congress.
Bauer & Cie. v. O'Donnell229 U.S. 11913Differences between patent and copyright defined also prohibits a license from extending holder's rights beyond statute.
Macmillan Co. v. King223 F. 862D.Mass. 1914Limits of fair use with respect to an educational context and to summaries.
Nutt v. National Institute Inc.31 F.2d 2362d Cir. 1929It is not the subject that is protected by copyright. It is the treatment of a subject that is protected.
Nichols v. Universal Pictures Corp.45 F.2d 1192d Cir. 1930No copyright for "stock characters", but those sufficiently developed by author are eligible.
Cain v. Universal Pictures47 F.Supp. 1013S. Dist. Calif 1942Scènes à faire
Shostakovich v. Twentieth Century-Fox Film Corp.196 Misc. 67, 80 N.Y.S.2d 575, aff'd 275 A.D. 692, 87 N.Y.S.2d 430 1948–9No moral rights in public domain works.
Alfred Bell & Co. v. Catalda Fine Arts, Inc.191 F.2d 992d. Cir. 1951Variations 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 Publications191 F.2d 594, clarified 198 F.2d 927 2d Cir. 1951–2Derivative 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.
F. W. Woolworth Co. v. Contemporary Arts, Inc.344 U.S. 2281952Provided wide latitude to judges when determining legal remedies based on the facts of the case.
Mazer v. Stein347 U.S. 2011954Extended copyright protection to applied art.
Peter Pan Fabrics v. Martin Weiner Corp.274 F.2d 4872d. Cir. 1960Extended copyright protection to fabric prints
Irving Berlin et al. v. E.C. Publications, Inc.329 F. 2d 5412d. Cir. 1964Parody.
Fortnightly Corp. v. United Artists392 U.S. 3901968Television 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 Co429 F.2d 11069th Cir. 1970Copyright may be infringed when total concept and feel is the same
Goldstein v. California412 U.S. 5461973State anti-record piracy statutes do not violate the Copyright Clause
Williams & Wilkins Co. v. United States487 F.2d 1345Ct. Cl. 1973Libraries' photocopying for research was fair use.
Elektra Records Co. v. Gem Electronic Distributors, Inc.360 F. Supp. 821E.D.N.Y. 1973Secondary liability for infringement existed where store owner rented records to customers who also bought blank tape
Twentieth Century Music Corp. v. Aiken422 U.S. 1511975Playing 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 Workshop533 F.2d 872d Cir. 1976The essence of infringement lies in taking not a general theme but its particular expression
Gilliam v. American Broadcasting538 F.2d 142d Cir. 1976Moral rights infringed by unauthorized editing of TV show
Sid & Marty Krofft Television Productions Inc. v. McDonald's Corp.562 F.2d 11579th Cir. 1977Extrinsic and intrinsic tests may be used to determine substantial similarity
Wainwright Securities v. Wall Street Transcript Corp558 F.2d 912d Cir. 1977The 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
Walt Disney Productions v. Air Pirates581 F.2d 7519th Cir. 1978Cartoon characters are copyrightable outside the works in which they appear; use of them without significant alteration in parody or satire is not fair use
Miller v. Universal City Studios, Inc.650 F.2d 13655th Cir. 1981A writer's research is not copyrightable.
Schnapper v. Foley667 F.2d 102United States [Court of Appeals for the District of Columbia Circuit|D.C. Cir.] 1981Affirmed that copyright exists for works created by contractors for the US government.
Stern Electronics, Inc. v. Kaufman669 F.2d 8522d Cir. 1982Copyright on computer programs includes images and sounds as well as the computer code.
Encyclopaedia Britannica Educational Corp. v. Crooks542 F.Supp. 1156W.D.N.Y. 1982Unlicensed reuse of videos recorded from public television broadcasts for noncommercial educational purposes is infringing.
See v. Durang711 F.2d 1419th Cir. 1983Copying deleted or so disguised as to be unrecognizable is not copying
Apple Computer, Inc. v. Franklin Computer Corp.714 F.2d 12403rd Cir. 1983Computer software is protected by copyright.
Sony Corp. of America v. Universal City Studios, Inc. 464 U.S. 4171984Products with substantial non-infringing uses may be sold even if they can be used illicitly. Private, non-commercial recording of programs for time-shifting purposes is fair use.
Selle v. Gibb741 F.2nd 8967th Circ 1984Where there is lack of evidence of access, access can be inferred only if striking similarities preclude independent creation
Dowling v. United States473 U.S. 2071985Copyright infringement is not theft, conversion, or fraud; illegally made copies are not stolen goods.
Harper & Row v. Nation Enterprises471 U.S. 5391985The interest served by republication of a public figure's account of an event is not sufficient to permit nontransformative fair use.
Fisher v. Dees794 F.2d 4329th Cir. 1986Parody of song performance is legitimate fair use
Whelan v. Jaslow797 F.2d 12223rd Cir. 1986Copyright protection of computer programs may extend beyond the programs' literal code to their structure, sequence and organization
Broderbund v. Unison648 F. Supp. 1127, 1133N.D. Cal. 1986Copyright may extend to the look and feel of a computer program's display
Steinberg v. Columbia Pictures Industries, Inc.663 F. Supp. 706S.D.N.Y. 1987Derivative works.
Salinger v. Random House811 F.2d 902d Cir. 1987An 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. Stallone11 USPQ2D 1161C.D. Cal 1989Derivative works.
Community for Creative Non-Violence v. Reid490 U.S. 7301989Works for hire.
Wright v. Warner Books953 F.2d 7312d Cir. 1991Sparing use of creative expression from unpublished letters and journals may constitute fair use
Basic Books, Inc. v. Kinko's Graphics Corporation758 F. Supp. 1522S.D.N.Y. 1991Articles copied for educational use are not necessarily fair use. First case where transformative use was raised as a defense.
Advent Sys. Ltd. v. Unisys Corp925 F.2d 670, 675-763d Cir. 1991The sale of software is the sale of a good within the meaning of the Uniform Commercial Code.
Downriver Internists v. Harris Corp929 F.2d 1147, 11506th Cir. 1991The sale of software is the sale of a good within the meaning of the Uniform Commercial Code.
Feist Publications v. Rural Telephone Service499 U.S. 3401991Affirmed 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. 182SDNY 1991Music sampling is generally copyright infringement.
Step-Saver Data Systems, Inc. v. Wyse Technology939 F.2d 913rd Cir. 1991The need to characterize the transaction as a license to use software is "largely anachronistic.".
Sega v. Accolade982 F.2d 15109th Cir. 1992Reverse engineering of computer code is fair use
Computer Associates Int. Inc. v. Altai Inc.982 F.2d 6932d Cir. 1992"Substantial similarity" is required for copyright infringement to occur. Established the Abstraction-Filtration-Comparison test, which lays out the steps to follow when extricating copyrightable expression from uncopyrightable elements of the same work.
Lewis Galoob Toys, Inc. v. Nintendo of America, Inc.780 F. Supp. 12839th Cir. 1992Consumers may modify purchased computer games for their own use.
Rogers v. Koons960 F.2d 3012d Cir. 1992Fair use and parody; changing medium and dimensionality of copied work is not sufficiently transformative to be fair use.
MAI Systems Corp. v. Peak Computer, Inc.991 F.2d 5119th Cir. 1993RAM copies of computer programs are governed by copyright.
Apple Computer, Inc. v. Microsoft Corp.35 F.3d 14359th Cir. 1994Certain components of computer programs' graphical user interfaces are not copyrightable.
Campbell v. Acuff-Rose Music, Inc.510 U.S. 5691994Commercial parody can be fair use; transformative use implicitly recognized as part of fair use under first factor
Carter v. Helmsley-Spear Inc.861 F. Supp. 303S.D.N.Y., 1994Interpreting moral rights provisions of U.S. Visual Artists Rights Act, cert. denied 116 S. Ct. 1824 ).
United States v. LaMacchia871 F.Supp. 535D. Mass 1994Gave rise to LaMacchia Loophole where criminal charges of fraud or copyright infringement would be dismissed, so long as there was no profit motive involved. The NET Act was passed in 1997 as a direct response to LaMacchia.
Lotus v. Borland49 F.3d 8071st Cir. 1995Software interfaces per se are "methods of operation" and are not covered by copyright.
Self-Realization Fellowship Church v. Ananda Church59 F.3d 902, 9109th Cir. 1995Renewal rights are not assignable.
American Geophysical Union v. Texaco, Inc.60 F.3d 9132d Cir. 1995Bulk photocopying of academic journal articles by research library is not fair use where, unlike Williams & Wilkins Co. v. United States, purpose of research library was private commercial gain. First appellate-level case to consider transformative use.
Religious Technology Center v. Netcom907 F. Supp. 1361N.D. Cal. 1995Immunity of copyright liability for Internet Intermediaries.
Twin Books Corp. v. Walt Disney Co.83 F.3d 1162, 389th Cir. 1996Foreign works published before 1978 did not establish US copyright until published in the US or with US copyright formalities.
Applied Info. Mgmt., Inc, v. Icart976 Supp. 149, 155E.D.N.Y. 1997The sale of software is the sale of a good. Case was dropped.
Itar-Tass Russian News Agency v. Russian Kurier, Inc.153 F.3d 822d Cir. 1998Jurisdiction with closest association to putative owner applies to determine copyright ownership.
Castle Rock Entertainment, Inc. v. Carol Publishing Group Inc.153 F.3d 1322d Cir. 1998Trivia derived from a copyrighted work is not sufficiently transformative to be fair use on its own.
Micro Star v. FormGen Inc.154 F.3d 11079th Cir. 1998Video game mods are derivative works
The Yankee Candle Co. v. New England Candle Co.14 F.Supp.2d 154District Court of Massachusetts 1998Internal structure does not qualify as "building" under 17 U.S.C. § 101.
Bridgeman Art Library Ltd. v. Corel Corporation36 F. Supp. 2d 191S.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 121111th Cir. 1999Giving a public speech is not public-domain publication under the 1909 Copyright Act.
Microsystems Software, Inc. v. Scandinavia Online ABDistrict Court of Massachusetts 2000Settled out of court; illustrated problems of reverse engineering and the need for clear copyright notices in IT code
Sony Computer Entertainment, Inc. v. Connectix Corp.203 F.3d 5969th Cir.Copying of BIOS code for use in an emulator is fair use.
Novell, Inc. v. CPU Distrib., Inc.2000 US Dist. Lexis. 9975SD Tex. 2000The first-sale doctrine applies to software.
UMG v. MP3.com2000 U.S. Dist. LEXIS 5761S.D.N.Y. 2000Distribution 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 10049th Cir. 2001Knowingly 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. Tasini533 U.S. 4832001Freelance journalists did not grant electronic republication rights for collective work.
SoftMan Products Co. v. Adobe Systems Inc.CV 00-04161 DDP C.D.C.A. 2001The first-sale doctrine applies to software.
Suntrust v. Houghton Mifflin252 F. 3d 116511th Cir. 2001Parody and fair use.
Universal City Studios, Inc. v. Reimerdes273 F.3d 4292d Cir. 2001Affirmed the anti-circumvention provisions of the Digital Millennium Copyright Act.
Veeck v. Southern Building Code Congress Int'l241 F.3d 398, 4165th Cir. 2001A 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 Corporation336 F.3d 8119th Cir. 2003Thumbnails and inline linking can be fair use.
Dastar Corp. v. Twentieth Century Fox Film Corp.539 U.S. 232003Trademark cannot preserve rights to a public domain work.
Eldred v. Ashcroft537 U.S. 1862003Congress may retroactively extend the duration of works still under copyright, as long as the extension is limited.
Bowers v. Baystate Technologies, Inc.320 F.3d 1317Fed.Cir. 2003Contracts freely entered into that apply restrictions to actions with copyrighted material otherwise permitted as fair use are enforceable.
NXIVM Corp. v. Ross Institute364 F.3d 4712nd Cir. 2004Secondary use as part of critical document is sufficiently transformative fair use to overcome bad faith in original acquisition of material
CoStar v. LoopNet373 F.3d 5444th Cir. 2004Internet 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 OPINION9th Cir. 2005End User License Agreements on a physical box can be binding on consumers who signal their acceptance of the license agreement by opening the box.
Bridgeport Music, Inc. v. Dimension Films410 F.3d 7926th Cir. 2005No de minimis exception for sampled music. "Get a license or do not sample. We do not see this as stifling creativity in any significant way."
Bill Graham Archives v. Dorling Kindersley, Ltd.448 F.3d 6052d Cir. 2005Repurposing originally promotional images for use in historical work is sufficiently transformative to be fair use; invoking fair use after negotiating with rights holder is not bad faith.
MGM Studios, Inc. v. Grokster, Ltd.545 U.S. 9132005Distributors of peer-to-peer file-sharing software can be liable for copyright infringement if there are "affirmative steps taken to foster infringement".
Mannion v. Coors Brewing Co.377 F.Supp.2d 444S.D.N.Y. 2005Originality in rendition, timing and/or creation of the subject are grounds for copyrightability in a photograph.
Blanch v. Koons467 F.3d 2442d Cir. 2006Reuse of magazine image in art collage was sufficiently transformative since a small portion of the original was used even more minimally in artwork. Context should be considered when evaluating transformative use.
Perfect 10 v. Google Inc416 F. Supp. 2d 828C.D. Cal. 2006Thumbnails in Web searches were fair use. Framed inline images of full size were not infringing copies.
Perfect 10 v. CCBill LLC488 F.3d 11029th Cir. 2007DMCA 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. Visa494 F.3d 7889th Cir. 2007A case about secondary copyright infringement
Kahle v. GonzalesNo. 04-174349th Cir. 2007Congress did not alter the "traditional contours of copyright protection" by permitting automatic extension of copyrights.
Lenz v. Universal Music Corp.572 F. Supp. 2d 1150N.D. Cal. 2008Rights holders must consider fair use before issuing a takedown notice. If the notice is issued in bad faith, the rights holder could be held liable for misrepresentation.
A.V. ex rel.Vanderhye v. iParadigms LLC562 F.3d 6304th Cir. 2009Commercial online database of student papers for plagiarism detection purposes was fair use
MDY Industries v. Blizzard Entertainment629 F. 3d 9289th Cir. 2010Addressing whether certain unlicensed acts are copyright infringement or merely violations of contract.
Reed Elsevier, Inc. v. Muchnick559 U.S. 1542010Failure to register a copyright does not limit a Federal Court's jurisdiction over claims of infringement regarding unregistered works.
Ouellette v. Viacom International Inc.CV 10–133–M–DWM–JCL; 2011 WL 1882780 2011The safe harbor provision of the DMCA does not provide a cause of action against service providers that take down videos.
Cambridge University Press v. Becker1:2008cv01425 2011University's use of copyrighted material in e-reserves does not constitute direct or vicarious infringement.
Golan v. Holder565 U.S. 3022012Congress may retroactively restore copyright in works that have fallen into the public domain. The Constitution gives broad discretion to Congress to decide how best to promote the "progress of science and the useful arts"
Kirtsaeng v. [John Wiley & Sons, Inc.]133 S. Ct. 13512013The first-sale doctrine applies to copies of copyrighted works lawfully made abroad.
Cariou v. Prince714 F.3d 6942d Cir. 2013Work need not comment on the original, just present a "new aesthetic", to qualify as transformative use
Authors Guild, Inc. v. HathiTrust755 F.3d 872d Cir. 2014Search and accessibility are fair use of digitized books.
Star Athletica, LLC v. Varsity Brands, Inc.580 U.S. ___2017Simple geometric patterns on clothing may be copyrightable if they are not related to the clothing's function and would be copyrightable in any medium
Google LLC v. Oracle America, Inc.593 U.S. ___,
141 S. Ct. 1183		2021Limited copying of implementing code from API software to put to a different purpose is transformative and fair use.
Unicolors, Inc. v. [H&M Hennes & Mauritz, L.P.]595 U.S. ___2022Lack of factual or legal knowledge can excuse an inaccuracy in copyright registration
Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith598 U.S. 5082023Bar for transformative use is higher where copied work is used for substantially similar purpose; when evaluating transformative use claim courts must consider the specific context in which the claimed transformation takes place.