Legal Opinion

Triangle Publications, Inc., a Pennsylvania Corporation v. Knight-Ridder Newspapers, Inc., a Florida Corporation

Court of Appeals for the Fifth Circuit

Decided July 24, 1980No. 78-1639PublishedCited by 49 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge;

This case raises significant issues under the laws of copyright and free speech. For years, Courts and commentators have recognized a potential conflict between copyright and the First Amendment.1 How*1172ever, until the District Court’s opinion in the case now before us, 445 F.Supp. 875 (S.D.Fla.1978), no Court had ever held that a copyright suit could be defeated by a First Amendment defense. We affirm the result reached by the District Court, but disagree with the Court’s rationale. Contrary to the District Court, we hold that fair use constitutes a valid defense to…

2Cases cited21 opinions

  1. Bates v. State Bar of ArizonaSupreme Court of the United States · 1977
  2. Jake ROWE Et Al., Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1972
  3. Rosemont Enterprises, Inc. v. Random House, Inc. And John KeatsCourt of Appeals for the Second Circuit · 1966
  4. Wainwright Securities Inc. v. Wall Street Transcript Corporation and Richard A. HolmanCourt of Appeals for the Second Circuit · 1977
  5. Folsom v. MarshU.S. Circuit Court for the District of Massachusetts · 1841

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

3Cited by49 opinions

  1. Castrol Inc. v. Pennzoil Company and Pennzoil Products CompanyCourt of Appeals for the Third Circuit · 1993
  2. Pacific and Southern Company, Inc., D/B/A Wxia-Tv, Cross v. Carol Duncan, D/B/A Tv News Clips, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1984
  3. Consumers Union of United States, Inc. v. General Signal Corp. And Grey Advertising, Inc.Court of Appeals for the Second Circuit · 1984
  4. Roy Export Company Establishment Of Vaduz, Liechtenstein v. Columbia Broadcasting System, Inc.Court of Appeals for the Second Circuit · 1982
  5. Peter Letterese & Associates, Inc. v. World Institute of Scientology Enterprises, InternationalCourt of Appeals for the Eleventh Circuit · 2008

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

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