Offutt v. Morancy

How courts have described this case

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

• noting that commentary constitutes a transformative use only where that commentary is “about that work”
• stating that the defendant's culpability was diminished for purposes of a statutory damages inquiry because several \witnesses testified about practices the company has put into place recently to ensure that content on its websites is properly licensed\
• identifying the \closest proxy\ for the licensing fee defendant would have paid, in the absence of existing licensing for comparison
• identifying the “closest proxy” for the licensing fee defendant would have paid, in the absence of existing licensing for comparison
• finding defendant did not plead existence of license as affirmative defense and “thus waived any such claim”
• “Display of a copyrighted image or video may be transformative where the use serves to illustrate . . . a news story about that work.”

Source: CourtListener parenthetical corpus (CC0).