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Sixth Circuit· 7/21/1998

Johnson v. Jones

Citations

  • 149 F.3d 494

How courts have described this case

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

  • explaining that the existence of an implied license in a copyrighted work is an affirmative defense to a claim of copyright infringement
  • finding no license where architect submitted contracts containing express provi- sion that drawings could not be used by others except with agreement and compensation
  • finding no copyright infringement where first use of architect’s architectural plans occurred in November 1993 prior to registration on December 6, 1993; rejecting architect’s argument that each use of his plans was a new act of infringement
  • reversing district court’s award of 15% of revenue to the plaintiff when defendant- architect testified that he “averaged” a 15% profit and awarding the full amount of revenue as profits; the defendant “provided no evidence of his deductible expenses”
  • “NSI never expressed to Strutt by its representations or conduct that Strutt could utilize NSI’s plans without NSI’s future involvement or express consent; in fact, NSI specifically advised Strutt to the contrary on at least two occasions.”
  • plaintiff architect was licensed and conducted business in three states

Source: CourtListener parenthetical corpus (CC0).

Judges: Batchelder, Farris, Merritt

Read full opinion on CourtListener

Cited by

84 cases in this archive cite this case; the 20 most cited are listed.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

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