Legal Opinion
Pacific and Southern Company, Inc., D/B/A Wxia-Tv, Cross v. Carol Duncan, D/B/A Tv News Clips, Cross-Appellee
Court of Appeals for the Eleventh Circuit
Decided December 7, 1984No. 83-8782PublishedCited by 117 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
Pacific and Southern Company, the owner of a television station, charges that Carol Duncan, d/b/a TV News Clips, has infringed its copyright by videotaping its news broadcasts and selling the tapes to the subjects of the news reports. We hold that the appellant has violated the copyright laws because her activities do not constitute “fair use” of the material. We also conclude that the television station is entitled to a permanent injunction preventing the appellant from continuing to infringe its copyright. Accordingly, we affirm in part and reverse in part.
I. Facts
Paci…
2Cases cited18 opinions
- Richmond Newspapers, Inc. v. VirginiaSupreme Court of the United States · 1980
- Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
- Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
- Columbia Broadcasting System, Inc. v. Democratic National CommitteeSupreme Court of the United States · 1973
- Wainwright Securities Inc. v. Wall Street Transcript Corporation and Richard A. HolmanCourt of Appeals for the Second Circuit · 1977
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3Cited by117 opinions
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- Perfect 10, Inc. v. Amazon. Com, Inc.Court of Appeals for the Ninth Circuit · 2007
- Harolds Stores, Inc. v. Dillard Department Stores, Inc.Court of Appeals for the Tenth Circuit · 1996
- Latimer v. Roaring Toyz, Inc.Court of Appeals for the Eleventh Circuit · 2010
- Cable/Home Communication Corp. v. Network Productions, Inc.Court of Appeals for the Eleventh Circuit · 1990
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