Legal Opinion
Fitzgerald v. CBS Broadcasting, Inc.
District Court, D. Massachusetts
Decided June 22, 2007No. Civil Action Nos. 04cv12138-NG, 06cv11302-NGPublishedCited by 26 opinions
1Opinion of the Court
MEMORANDUM & ORDER RE: SUMMARY JUDGMENT
GERTNER, District Judge.
I. INTRODUCTION
Christopher Fitzgerald (“Fitzgerald”), a freelance photographer, brings this copyright action (04-12138) against CBS Broadcasting, Inc. (“CBS”) for its unauthorized broadcast of photographs he took of Stephen “the Rifleman” Flemmi. CBS argues that its broadcast of the photographs was fair use.
Fitzgerald has also brought a second, nearly identical copyright action (06-11302) against CBS on the same set of facts, seeking to collect double statutory damages because the broadcast at issue went out over two of CBS’s…
2Cases cited33 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- Campbell v. Acuff-Rose Music, Inc.Supreme Court of the United States · 1994
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3Cited by26 opinions
- Peter Letterese & Associates, Inc. v. World Institute of Scientology Enterprises, InternationalCourt of Appeals for the Eleventh Circuit · 2008
- Society of the Holy Transfiguration Monastery, Inc. v. Archbishop Gregory of DenverCourt of Appeals for the First Circuit · 2012
- BWP Media USA, Inc. v. Gossip Cop Media, Inc.District Court, S.D. New York · 2016
- Clever Covers, Inc. v. Southwest Florida Storm Defense, LLCDistrict Court, M.D. Florida · 2008
- Ferdman v. CBS Interactive Inc.District Court, S.D. Illinois · 2018
21 more not listed; retrieve them via the Exa API.