Legal Opinion · Dissent

Lee v. Runge

Supreme Court of the United States

Decided October 19, 1971No. 70-263PublishedCited by 107 opinions

1DissentJustice Douglas

Petitioner Lee infringed respondent’s copyright and a verdict was rendered against her. Petitioner argued that because the congressional power over copyrights and patents stemmed from the same constitutional provision, they both should be governed by the same standard. Thus, petitioner contended that the copyright was invalid because the book in question lacked “novelty,” but the Court of Appeals rejected this argument saying that the appropriate standard for a copyright was “originality” and that the respondent’s book met this criterion.1 The standard of copyrightability presents an…

2Cases cited17 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  3. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  4. United States v. Paramount Pictures, Inc.Supreme Court of the United States · 1948
  5. International News Service v. Associated PressSupreme Court of the United States · 1919

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3Cited by107 opinions

  1. Panduit Corporation v. Dennison Manufacturing Co.Court of Appeals for the Federal Circuit · 1987
  2. Transgo, Inc. v. Ajac Transmission Parts Corp.Court of Appeals for the Ninth Circuit · 1985
  3. In Re Coordinated Pretrial Proceedings in Antibiotic Antitrust Actions. Pfizer, Inc. v. International Rectifier Corp.Court of Appeals for the Eighth Circuit · 1976
  4. Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc.Court of Appeals for the Ninth Circuit · 1985
  5. Karen Kennedy v. Los Angeles Police Department City of Los Angeles James J. King Stanley A. SchottCourt of Appeals for the Ninth Circuit · 1990

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