Diric v. Immigration & Naturalization Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the presumption \shifts the burden of proof to the defendants to demonstrate why plaintiff's organizers are not copyrightable.\
• finding that \a copyrightable compilation can consist mainly or entirely of uncopyrightable elements\
• approving the presumption of deception from Jartran II upon a jury’s finding that the defendants engaged in intentional deception
• reversing because “total impact and effect” test of jury instruction did not distinguish between protectable and unprotectable material, thereby improperly making it possible for jury to find copying based on unprotected material instead of selection and arrangement
• reversing verdict where no direct evidence of lost sales from defendant’s unfair competitor
• as compilations consisting largely of un-copyrightable elements, plaintiffs organizers entitled only to protection against “bodily appropriation of expression”

Source: CourtListener parenthetical corpus (CC0).