King Records, Inc. v. Bennett’s Empirical Analysis
2006
Citation profile
2 district ·
Relationships
Applies 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 102 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 114 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 115 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 408 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 501 (§ 101 of the Copyright Act of 1976)
Relies on Hensley v. Eckerhart · Fogerty Fantasy Inc · F. W. Woolworth Co. v. Contemporary Arts, Inc. · Dastar Corp. v. Twentieth Century Fox Film Corp. · Frank v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Liability for copyright infringement does not turn on the infringer's mental state because a general claim for copyright infringement is fundamentally one founded on strict liability.”) (internal quotation marks and citation omitted); see also Warner Bros. Records, Inc. v. Walker, 704 F.Supp.2d 460, 464-65 , 2010 WL 1333147, (W.D.Pa. Mar. 31, 2010) (”
2 later decisions quote this exact passage““Willful” and “innocent” have specialized meanings under the Copyright Act. On the one hand, willful infringement means conduct that the defendant knows constitutes copyright infringement. “[0]ne who has been notified that his conduct constitutes copyright infringement, but who reasonably and in good faith believes the contrary, is not ‘willful’ for these purposes. But one who ‘recklessly disregards’ a copyright holder’s rights, even if lacking actual knowledge of infringement, may be subject to enhanced damages.” 4 Nimmer on Copyright, § 14.04[B][3][a], at 14-78-14-79, quoted in Princeton Univ. Press v. Mich. Document Servs., Inc., 99 F.3d 1381, 1392 (6th Cir.1996). On the other hand, the Copyright Act explains that innocent infringement occurs when “the infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright.” 17 U.S.C. § 504 (c)(2). To prove “innocent” infringement, the defendant has the burden of showing that he or she had a good faith belief that his or her infringing conduct did not amount to infringement, and that the good faith belief was reasonable. 4 Nimmer on Copyright, § 14.04[B][2][a], at 14-74.”
1 later decision quote this exact passage“In order to establish a claim for copyright infringement, a plaintiff must establish that it owns a copyrighted work.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.