ROSENBERG ET AL.

v.

UNITED STATES ET AL.

Citator

Cited By (28 total)

• Harper & Row v. Nation Enters., 471 U.S. 539 (U.S. 1985)
  …ntial with respect to the infringing work. As Judge Learned Hand cogently remarked, “no plagiarist can excuse the wrong by showing how much of his work he did not pirate.” Sheldon v. Metro-Goldwyn Pictures Corp., 81 F. 2d 49, 56 (CA2), cert. denied, 298 U. S. 669 (1936). Conversely, the fact that a substantial portion of the infringing work was copied verbatim is evidence of the qualitative value of the copied material, both to the originator and to the plagiarist who seeks to profit from marketing someone e…
• Cable/Home Commc'n Corp. v. Network Prods., Inc., 902 F.2d 829 (11th Cir. 1990)
  …), cert. denied, 459 U.S. 826, 103 S.Ct. 60, 74 L.Ed.2d 63 (1982); see also Sheldon v. Metro-Goldwyn Pictures Corp., 81 F. 2d 49, 56 (2d Cir.) (“[N]o plagiarist can excuse the wrong by showing how much of his work he did not pirate.”), cert. denied, 298 U.S. 669, 56 S.Ct. 835, 80 L.Ed. 1392 (1936). Furthermore, copying a substantial portion of the copyrighted work evidences the qualitative value of the copied work, both to the copyright owner and to the infringer “who seeks to profit from marketing someone…
• Hoehling v. Universal City Studios, Inc., 618 F.2d 972 (2d Cir. 1980)
  …F. 2d 1317 (2d Cir. 1975). Perhaps recognizing this, appellees further argue that Hoehling’s plot is an “idea,” and ideas are not copyrightable as a matter of law. See Sheldon v. Metro-Goldwyn Pictures Corp., 81 F. 2d 49, 54 (2d Cir.), cert. denied, 298 U.S. 669, 56 S.Ct. 835, 80 L.Ed. 1392 (1936). Hoehling, however, correctly rejoins that while ideas themselves are not subject to copyright, his “expression” of his idea is copyrightable. Id. at 54. He relies on Learned Hand’s opinion in Sheldon, supra, at…

  ← 1 / 2 →