Pacific and Southern Company, Inc., D/B/A Wxia-Tv, Cross v. Carol Duncan, D/B/A Tv News Clips, Cross-Appellee

How courts have described this case

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

• stressing that “Section 107 looks to the ‘potential market’ in analyzing the effects of an alleged infringement”
• noting that the fourth factor may not favor copyright owner when the secondary user \profits from an activity that the owner could not possibly take advantage of\
• “Some commercial purposes ... might not threaten the incentives because the user profits from an activity that the owner could not possibly take advantage of”
• district court abused discretion in refusing to grant permanent injunction based on district court finding that affected market is “relatively unimportant” to plaintiff
• “a commercial use naturally produces harmful effects”

Source: CourtListener parenthetical corpus (CC0).