For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
Daily appellate reports
    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
Warner Chappell Music, Inc. v. Nealy
Copyright plaintiffs may recover damages for acts that allegedly occurred more than three years before the filing of the lawsuit if the claims are timely filed. 		Copyright, Civil Procedure USSC May 10, 2024
Hanagami v. Epic Games, Inc.
Choreographer plausibly alleged claim for copyright infringement of his selection and arrangement of dance moves. 		Copyright 9th Nov. 2, 2023
Oracle USA Inc. v. Rimini Street Inc.
Interpretation of permanent injunction as precluding a party from engaging in de minimis copying that did not violate the Copyright Act was overly burdensome and improper. 		Copyright 9th Aug. 25, 2023
Alexis Hunley, et al. v. Instagram, LLC
Third-party news sites could embed photographers' copyrighted Instagram photos because the embedded images were not "displayed" under *Perfect 10*'s Server Test. 		Copyright 9th Jul. 18, 2023
Enterprise Management Limited, Inc. et al v. Construx Software Builders, Inc. et al
By registering a derivative work, an author registers all of the material included in the derivative work, including that which previously appeared in an unregistered, original work created by the author. 		Copyright 9th Jul. 18, 2023
VHT Inc. v. Zillow Group, Inc.
Real estate photography studio's 2,700 photos constituted individual works with separate statutory damages rather than a single compilation because they were utilized for their individual pictorial value. 		Copyright 9th Jun. 8, 2023
Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith
Publication of artwork derived from copyrighted photograph in a magazine was a commercial use similar enough to that of the original photograph that weighed against a finding of fair use. 		Copyright USSC May 19, 2023
Unicolors Inc. v. H&M Hennes & Mauritz L.P.
Because plaintiff did not know that its practice of bundling designs under a single, copyright registration would run afoul of registration requirements, its copyright registration was valid under the Copyright Act's safe-harbor provision. 		Copyright 9th Nov. 11, 2022
McGucken v. Pub Ocean Ltd.
Publisher's unlicensed use of twelve photographs in nature article was not entitled to a fair use defense because all four statutory factors weighed against fair use. 		Copyright 9th Aug. 4, 2022
Starz Entertainment v. MGM
Copyright plaintiff's cause of action accrued when it discovered the infringement, and it could recover damages for all incidents of infringement that occurred prior to the discovery. 		Copyright 9th Jul. 15, 2022
Sicre De Fontbrune v. Wofsy
French judgment that imposed money damages for continued use of copyrighted Pablo Picasso photographs was not repugnant to United States public policy protecting free expression. 		Copyright 9th Jul. 14, 2022
Gray v. Hudson
Plaintiffs cannot prove substantial similarity between songs since an eight-note repeating instrumental figure is an uncopyrightable musical building block 		Copyright 9th Mar. 11, 2022
Unicolors, Inc. v. H&M Hennes & Mauritz, L.P.
Lack of either factual or legal knowledge can excuse inaccuracy in a copyright registration under the Copyright Act's safe harbor provision. 		Copyright USSC Feb. 25, 2022
CDK Global v. Brnovich
Because programmers would not necessarily engage in verbatim copying of protectable API source code, Arizona's Dealer Law did not conflict with the Copyright Act. 		Copyright 9th Oct. 26, 2021
Bell v. Wilmot Storage Services
The de minimis exception to copyright infringement applies to the substantial similarity element, rather than to the extent that defendant displays infringing material. 		Copyright 9th Sep. 10, 2021
Flo & Eddie, Inc. v. Sirius XM Radio, Inc.
District court erred in concluding that 'exclusive ownership' under California Civil Code Section 980(a)(2) included the right of public performance. 		Copyright 9th Aug. 24, 2021
Google LLC v. Oracle America, Inc.
Google's copying of Java SE API, which included only lines of code that were needed to allow programmers to put their accrued talents to work in new and transformative program, was fair use. 		Copyright USSC Apr. 6, 2021
Dr. Seuss Enterprises v. ComicMix LLC
Defendants' use of Dr. Seuss's copyrighted works, including the book 'Oh, the Places You'll Go!' was not fair use. 		Copyright 9th Dec. 21, 2020
Corbello v. Valli
Under asserted truths doctrine, author who holds their work out as nonfiction cannot later claim, in litigation, that aspects of the work were actually made up and thus entitled to full copyright protection. 		Copyright 9th Sep. 9, 2020
Oracle America v. Hewlett Packard Enterprise
District court's partial summary judgment for defendant on claims for copyright infringement and intentional interference with prospective economic advantage based upon statute of limitations was proper. 		Copyright 9th Aug. 21, 2020
Unicolors v. H&M Hennes & Mauritz
Plaintiff's copyright registration application contained inaccuracies that it knew were inaccurate; thus, district court was required to request Register of Copyrights to advise. 		Copyright 9th Jun. 1, 2020
Amended Opinion: Daniels v. The Walt Disney Co.
Using colors to represent a mood or emotion is an idea that does not fall within the protection of copyright; thus, plaintiff's characters were not protected. 		Copyright 9th May 5, 2020
Tresona Multimedia v. Burbank High School Vocal Music Association
Defense of fair use applied due to limited and transformative nature of the use and work's nonprofit educational purposes. 		Copyright 9th Mar. 25, 2020
Allen v. Cooper
The Intellectual Property Clause did not allow Congress to abrogate sovereign immunity from copyright suits. 		Copyright USSC Mar. 24, 2020
Daniels v. The Walt Disney Co.
Using colors to represent a mood or emotion is an idea that does not fall within the protection of copyright; thus, plaintiff's characters were not protected. 		Copyright 9th Mar. 17, 2020
Skidmore v. Led Zeppelin
Under the 1909 Copyright Act, protection was circumscribed to the material actually deposited and nothing else could be used to show substantial similarity. 		Copyright 9th Mar. 10, 2020
Great Minds v. Office Depot
Licensee's hiring of third-party copy service to reproduce licensed material strictly for licensee's own permitted use does not turn third party into licensee that is bound to license terms. 		Copyright 9th Dec. 30, 2019
Gold Value Int'l Textile v. Sanctuary Clothing
Copyright registration was invalid because all elements of Section 411(b) of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 were established. 		Copyright 9th Jun. 5, 2019
Malibu Textiles v. Label Lane Int'l
Because plaintiff successfully pled striking similarity in its copyright infringement claim against defendants, the district court erred in dismissal. 		Copyright 9th Apr. 25, 2019
Erickson Productions,Inc. v. Kraig Kast
Trial court incorrectly found for plaintiff in copyright suit where defendant did not seek or receive 'direct financial benefit' by use of plaintiff's images on defendant's website. 		Copyright 9th Apr. 17, 2019
By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.