Skip to main content
· 10/12/1959

Mohawk Refining Corp. v. Federal Trade Commission

Citations

  • 361 U.S. 814
  • 80 S. Ct. 53
  • 4 L. Ed. 2d 61
  • 1959 U.S. LEXIS 408

How courts have described this case

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

  • holding that “the [baseball] telecasts are audiovisual works, which under § 102 come within the subject matter of copyright”
  • observing that a work may be fixed in tangible form by someone other than the author when the author knowingly consents to the fixation
  • discussing work for hire relationship to determine who owned the copyright in the telecasts of baseball games, but ultimately finding that the copyright in the telecasts preempted the right of publicity of baseball players in their game-time performances
  • “[A] right in a work that is conferred by state law is equivalent to the right to perform a telecast of that work if the state-law right is infringed merely by broadcasting the work.”
  • “A player’s right of publicity in his name or likeness would not be preempted if a company, without the consent of the player, used the player’s name to advertise its product... .”
  • an order that effectively ends the litigation on the merits is an appealable final judgment even if the district court did not formally enter judgment on a claim that one party has abandoned

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.