Quintana v. Chandler

How courts have described this case

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

• concluding that the sale of digital music files via the internet constituted distribution under Section 106(3)
• describing the fourth factor as “undoubtedly the single most important element of fair use” (quoting Harper & Row, 471 U.S. at 566)
• third factor favored plaintiffs where the defendant made available “identical copies of the whole of Plaintiffs’ copyrighted sound recordings.”
• “the fixing of the digital file in [defendant’s] server . . . creates a new phonorecord, which is a reproduction.”
• “We are not free to disregard the terms of the statute merely because the entity performing an unauthorized reproduction makes efforts to nullify its consequences by the counterbalancing destruction of the preexisting phonorecords.”
• no fair use where defendant made identical copies of plaintiff’s copyrighted sound recordings

Source: CourtListener parenthetical corpus (CC0).