· 8/31/1988
United Telephone Company of Missouri, Appellee/cross-Appellant v. Johnson Publishing Company, Inc., Appellant/cross-Appellee
Citations
- 855 F.2d 604
- 8 U.S.P.Q. 2d (BNA) 1058
- 1988 U.S. App. LEXIS 11872
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Fair use is not favored ‘when the user stands to profit from the exploitation of the copyrighted material without paying the customary price.’”
- \[T]he plaintiff must prove: (1) ownership of the copyright; and (2) 'copying' of protectible expression by the defendant.\
- “On the assumption that judicial authority teaches that the patent misuse doctrine may be applied or asserted as a defense to copyright infringement, the stipulated facts in this case do not support Johnson’s contention that United Telephone ‘misused’ its copyright.”
- discussing patent misuse and its application in copyright context
Source: CourtListener parenthetical corpus (CC0).
Judges: Re, Wollman, Beam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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