Legal Opinion

Elvis Presley Enterprises, Inc. v. Passport Video

Court of Appeals for the Ninth Circuit

Decided November 6, 2003No. 07-50364PublishedCited by 46 opinions

1Opinion of the Court

Opinion by Judge TALLMAN; Dissent by Judge NOONAN

OPINION

TALLMAN, Circuit Judge:

The King is dead. His legacy, and those who wish to profit from it, remain very much alive. To what extent may a film maker, under the banner of “fair use,” incorporate video clips, photographs, and music into a biography about Elvis Presley without permission from the copyright owners of those materials? The district court — weighing the four statutory fair use factors under 17 U.S.C. § 107 — held that the film biographer in this case likely did not use the copyrighted materials fairly and enjoined the film maker…

2Cases cited12 opinions

  1. Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
  2. Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
  3. Campbell v. Acuff-Rose Music, Inc.Supreme Court of the United States · 1994
  4. A&M Records, Inc. v. Napster, Inc.Court of Appeals for the Ninth Circuit · 2001
  5. Dr. Seuss Enterprises, L.P. v. Penguin Books Usa, Inc., a Corporation Dove Audio, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1997

7 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Leadsinger, Inc. v. BMG Music PublishingCourt of Appeals for the Ninth Circuit · 2008
  2. Bill Graham Archives v. Dorling Kindersley Limited, Dorling Kindersley Publishing, Inc. And Rr Donnelley & Sons Company, Docket No. 05-2514-CvCourt of Appeals for the Second Circuit · 2006
  3. Flexible Lifeline Systems., Inc. v. Precision Lift, Inc.Court of Appeals for the Ninth Circuit · 2011
  4. Noelia Monge v. Maya Magazines, Inc.Court of Appeals for the Ninth Circuit · 2012
  5. Mattel, Inc. v. MGA ENTERTAINMENT, INC.District Court, C.D. California · 2011

41 more not listed; retrieve them via the Exa API.

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