Legal Opinion
Katz v. Chevaldina
District Court, S.D. Florida
Decided October 5, 2012No. Case No. 12-22211-CIVPublishedCited by 6 opinions
1Opinion of the Court
ORDER DENYING MOTION TO DISMISS
JAMES LAWRENCE KING, District Judge.
THIS MATTER comes before the Court upon Defendant’s Second Motion to Dismiss (DE # 14), filed August 10, 2012. Therein, Defendant alleges that Plaintiffs Amended Complaint fails to state a claim upon which relief can be granted. In short, Defendant acknowledges using Plaintiffs copyrighted picture without Plaintiffs consent, but argues that she was not liable for infringement under copyright’s fair use doctrine. The Court, being fully briefed on the matter,1 finds that *1315Plaintiff has adequately stated a prima facie case of…
2Cases cited14 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
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- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- Leadsinger, Inc. v. BMG Music PublishingCourt of Appeals for the Ninth Circuit · 2008
- American Dental Assoc. v. Cigna Corp.Court of Appeals for the Eleventh Circuit · 2010
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3Cited by6 opinions
- Roe v. Bernabei & Wachtel PllcDistrict Court, District of Columbia · 2015
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- Johnson v. The Florida State Golf Association, Inc.District Court, M.D. Florida · 2020
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