Infinity Broadcast Corp. v. Wayne Kirkwood, Doing Business as Media Dial-Up

How courts have described this case

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

• holding that device allowing users to access private phone line to listen to public radio broadcasts infringed right of public performance, in the absence of a defense, and was not fair use
• noting that the fourth factor is concerned with usurping a “market that properly belongs to the copyright-holder”
• “[T]he more of a copyrighted work that is taken, the less likely the use is to be fair .... ”
• the different, and possibly beneficial, purposes of the copying is outweighed by the total absence of transformativeness
• “As always, [the secondary user] bears the burden of showing that his use does not” usurp the market for the primary work
• service that transmits unaltered radio broadcasts in real time over telephone lines is not transformative

Source: CourtListener parenthetical corpus (CC0).