Legal Opinion

Donna R. Hotaling William W. Hotaling, Jr. James P. Maher Dorothy C. Sherwood v. Church of Jesus Christ of Latter-Day Saints

Court of Appeals for the Fourth Circuit

Decided June 30, 1997No. 96-1399PublishedCited by 58 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Senior Judge BUTZNER wrote the majority opinion, in which Judge LUTTIG joined. Judge HALL wrote a dissenting opinion.

OPINION

BUTZNER, Senior Circuit Judge:

In this appeal we hold that a library distributes a published work, within the meaning of the Copyright Act, 17 U.S.C. §§ 101 et seq., when it places an unauthorized copy of the work in its collection, includes the copy in its catalog or index system, and makes the copy available to the public. Because the district court ruled that these actions, by themselves, were insufficient to constitute…

2Cases cited7 opinions

  1. Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993
  2. Thomas M. Stone v. Liberty Mutual Insurance Company, Thomas M. Stone v. Liberty Mutual Insurance CompanyCourt of Appeals for the Fourth Circuit · 1997
  3. National Car Rental System, Inc. v. Computer Associates International, Inc.Court of Appeals for the Eighth Circuit · 1993
  4. John R. Yarnevic v. Brink's, Incorporated, a Delaware Corporation Thomas R. FussnerCourt of Appeals for the Fourth Circuit · 1996
  5. Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992

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

3Cited by58 opinions

  1. Perfect 10, Inc. v. Amazon. Com, Inc.Court of Appeals for the Ninth Circuit · 2007
  2. Lyons Partnership, L.P., a Texas Limited Partnership v. Morris Costumes, Incorporated Philip Morris Amy Morris SmithCourt of Appeals for the Fourth Circuit · 2001
  3. Diversey v. SchmidlyCourt of Appeals for the Tenth Circuit · 2013
  4. London-Sire Records, Inc. v. Doe 1District Court, D. Massachusetts · 2008
  5. Bridgeport Music, Inc. v. Rhyme Syndicate MusicCourt of Appeals for the Sixth Circuit · 2004

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

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