Legal Opinion

Katrina Maxtone-Graham v. James Tunstead Burtchaell, Andrews & McMeel Inc., and Harper & Row Publishers, Inc.

Court of Appeals for the Second Circuit

Decided October 15, 1986No. 19-2448PublishedCited by 75 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Circuit Judge:

Nearly half a century ago, a distinguished panel of this Court including Learned Hand called the question of fair use “the most troublesome in the whole law of copyright,” Dellar v. Samuel Goldwyn, Inc., 104 F.2d 661, 662 (2d Cir.1939) (per curiam). That description remains accurate today. Since Judge Hand’s time, the common law doctrine has been inscribed into the Copyright Act, but the fair use inquiry continues to require a difficult case-by-case balancing of complex factors. The purpose of fair use is to create a limited exception to the individual’s…

2Cases cited24 opinions

New York Times Co. v. SullivanSupreme Court of the United States · 1964
Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946

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

3Cited by75 opinions

Campbell v. Acuff-Rose Music, Inc.Supreme Court of the United States · 1994
Art Rogers, Plaintiff-Appellee-Cross-Appellant v. Jeff Koons Sonnabend Gallery, Inc., Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Second Circuit · 1992
Sega Enterprises Ltd., a Japanese Corporation v. Accolade, Inc., a California CorporationCourt of Appeals for the Ninth Circuit · 1993
American Geophysical Union v. Texaco Inc.Court of Appeals for the Second Circuit · 1994
Ellen Wright v. Warner Books, Inc. And Margaret Walker, Also Known as Margaret Walker AlexanderCourt of Appeals for the Second Circuit · 1991

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