United States copyright case law

United States copyright case law
Name	United States copyright case law
Jurisdiction	United States
Court	Supreme Court of the United States
Topics	Copyright, Intellectual property, Litigation

Contents

History and development

Early shaping decisions include opinions citing the First United States Congress enactment, with formative cases adjudicated during the tenure of justices from the Marshall Court and the Taney Court. During the late 19th and early 20th centuries, cases involving authors like Samuel Clemens and composers like Irving Berlin reached the federal bench as the nation industrialized with firms such as Harper & Brothers and Victor Talking Machine Company. Twentieth-century doctrinal evolution responded to new media developed by Thomas Edison, Alexander Graham Bell, and Orson Welles, producing appellate decisions influenced by the New Deal era and postwar commercial expansion by companies including CBS, NBC, and Paramount Pictures. The transition from the Copyright Act of 1909 to the Copyright Act of 1976 followed litigated disputes over mechanical reproduction, synchronization rights, and public performance brought by parties such as Sony Corporation of America and Columbia Broadcasting System.

Key Supreme Court precedents include opinions establishing tests and limits in cases involving parties such as Rene R. G. v. (placeholder), with doctrine clarified in landmark rulings like Feist Publications, Inc. v. Rural Telephone Service Co. on originality, Sony Corp. of America v. Universal City Studios, Inc. on device liability, Harper & Row v. Nation Enterprises on fair use, Golan v. Holder on restoration of copyright, Mazer v. Stein on copyright and industrial design, Eldred v. Ashcroft on term extensions, Community for Creative Non-Violence v. Reid on works made for hire, and New York Times Co. v. Tasini on digital reproduction. Justices including William J. Brennan Jr., Harry Blackmun, and Sandra Day O'Connor authored opinions resolving disputes between entities like Random House, Time Warner, The New York Times Company, and creators such as William S. Burroughs.

Doctrinally significant tests and doctrines refined in cases include the originality requirement from Feist Publications, Inc. v. Rural Telephone Service Co., the substantial similarity analysis applied in disputes involving Edgar Allan Poe adaptations and works by H. P. Lovecraft, the fair use factors articulated in Harper & Row v. Nation Enterprises and refined by courts including the Second Circuit and Ninth Circuit, the idea-expression dichotomy traced to Baker v. Selden and applied to software litigation involving Oracle Corporation and Google LLC, the first-sale doctrine litigated by parties such as Kirtsaeng v. John Wiley & Sons, Inc., and moral rights explored under the Visual Artists Rights Act in suits involving artists represented by galleries like Gagosian Gallery. Secondary liability doctrines developed in rulings against intermediaries such as Napster, Grooveshark, and platform operators like YouTube and Vimeo.

Technological change drove disputes involving hardware and software manufacturers including Sony Corporation, RCA Corporation, Intel Corporation, IBM, and Apple Inc., and platform providers such as Amazon (company), eBay, Facebook, and Twitter. The music industry's litigation with record labels like Universal Music Group, Sony Music Entertainment, and Warner Music Group produced cases over digital sampling, reproduction, and streaming tied to litigants like The Beatles estates and producers associated with Motown Records. Film and television controversies involved studios such as Walt Disney Company, Paramount Pictures, Metro-Goldwyn-Mayer, and creators like George Lucas and Steven Spielberg over digital editing and distribution. Software and database disputes pitted Oracle Corporation against Google LLC and invoked precedents concerning the merger doctrine and API protectability, while biotechnology and pharmaceutical firms like Roche, Pfizer, and academic institutions such as Harvard University encountered copyright issues in databases and research repositories.

Remedies established through litigation include statutory damages under the Copyright Act of 1976, injunctive relief sought by plaintiffs like Viacom International Inc. and A&M Records, Inc., and attorney's fees as contemplated in cases brought by parties such as Shepard Fairey and Getty Images. Criminal enforcement involving agencies like the Federal Bureau of Investigation and prosecutions brought by the United States Attorney for the Southern District of New York addressed willful infringement evidenced in investigations concerning piracy rings tied to actors from the online piracy ecosystem including The Pirate Bay affiliates. Procedural doctrines—standing, venue, and declaratory judgment actions—were litigated in courts including the United States District Court for the Southern District of New York and the United States District Court for the Central District of California.

Domestic case law interacts with international instruments such as the Berne Convention for the Protection of Literary and Artistic Works, the World Trade Organization agreements including the TRIPS Agreement, and bilateral accords with nations like United Kingdom, Japan, Germany, and France. Statutory amendments responding to litigation include the Digital Millennium Copyright Act enacted following disputes involving A&M Records v. Napster, Inc. and subsequent safe harbor litigation involving Viacom v. YouTube, Inc. and Perfect 10, Inc. v. Amazon.com, Inc.. Administrative rulemaking by the Library of Congress and the United States Copyright Office on exemptions under the DMCA and registration formalities reflects judicial interpretation in cases arising from parties including Electronic Frontier Foundation and academic consortia such as JSTOR.