Legal Opinion
Stern v. Lavender
District Court, S.D. Illinois
Decided July 20, 2018No. 16 Civ. 9886 (PAE)PublishedCited by 13 opinions
1Opinion of the Court
1. Applicable Legal Principles Governing Copyright Ownership
To establish a copyright infringement claim, a plaintiff must show "both ownership of a copyright and unauthorized copying by the defendant." Hamil Am. Inc. v. GFI , 193 F.3d 92, 98 (2d Cir. 1999).
Copyright law in the United States changed markedly with the passage of the Copyright Act of 1976 (the "1976 Act"), which superseded the Copyright Act of 1909 (the "1909 Act"). For disputes as to ownership of copyright, a court applies the 1909 Act to works created and actions taken before 1978 (the effective date of the 1976 Act) and the…
2Cases cited44 opinions
- Arista Records, LLC v. Doe 3Court of Appeals for the Second Circuit · 2010
- Campbell v. Acuff-Rose Music, Inc.Supreme Court of the United States · 1994
- Petrella v. Metro-Goldwyn-Mayer, Inc.Supreme Court of the United States · 2014
- Perfect 10, Inc. v. Amazon. Com, Inc.Court of Appeals for the Ninth Circuit · 2007
- Durham Industries, Inc. v. Tomy CorporationCourt of Appeals for the Second Circuit · 1980
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3Cited by13 opinions
- Bridgeport Music, Inc. v. Tufamerica, Inc.District Court, S.D. New York · 2023
- COMERICA BANK & TRUST, N.A. as Personal Representative of the Estate of Prince Rogers Nelson v. HABIBDistrict Court, D. Massachusetts · 2020
- Davis v. XPW Wrestling Inc.District Court, N.D. New York · 2024
- Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc.Court of Appeals for the Eighth Circuit · 2025
- Feingold v. RageOn, Inc.District Court, S.D. New York · 2020
8 more not listed; retrieve them via the Exa API.