Legal Opinion
Jartech, Inc. v. Clancy
Court of Appeals for the Ninth Circuit
Decided January 25, 1982No. Nos. 79-3087, 80-5010 and 80-5016PublishedCited by 46 opinions
1Opinion of the Court
MUECKE, Chief District Judge:
This series of appeals raises for the first time in this circuit the issue of whether obscenity is a defense to a copyright infringement claim. This court has also been asked to determine whether use of copies of a copyrighted work by a local government in a nuisance abatement action is within the fair use exception to the copyright laws. Review is also sought of the trial court’s award of attorney’s fees upon the finding that the initiation of the suit was vexatious, and its dismissal of a counterclaim which sought a declaration that the copyrighted movies…
2Cases cited7 opinions
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Paris Adult Theatre I v. SlatonSupreme Court of the United States · 1973
- Mitchell Brothers Film Group and Jartech, Inc. v. Cinema Adult Theater, A/K/A Cinema 69Court of Appeals for the Fifth Circuit · 1979
- Overman v. LoesserCourt of Appeals for the Ninth Circuit · 1953
- Edward B. Marks Music Corporation v. Continental Record Company, Inc., and Remington Records, Inc.Court of Appeals for the Second Circuit · 1955
2 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Lloyd Lieb, Trading as Specialized Cassettes v. Topstone Industries, Inc., and D. Robbins & Co., Inc.Court of Appeals for the Third Circuit · 1986
- Religious Technology Center Church of Scientology International v. Larry Wollersheim Leta Schlosser Richard Ofshe Margaret Singer Charles B. O'ReillyCourt of Appeals for the Ninth Circuit · 1992
- Bruce Gilchrist v. Jim Slemons Imports, Inc., and Jim SlemonsCourt of Appeals for the Ninth Circuit · 1986
- Strike 3 Holdings, LLC v. DoeCourt of Appeals for the D.C. Circuit · 2018
- Irena Narell v. Cynthia Freeman, AKA Bea Fineberg, G.P. Putnam's Sons, Berkeley Publishing Corp.Court of Appeals for the Ninth Circuit · 1989
41 more not listed; retrieve them via the Exa API.