DUKE POWER CO. ET AL.

v.

SOUTH CAROLINA TAX COMMISSION

Citator

Cited By (26 total)

• 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…

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• Warner Bros. Inc. v. Am. Broad. Cos., Inc., 720 F.2d 231 (2d Cir. 1983)
  …f’s work can be shown.” 3 Nimmer § 13.03[B] at 13-38. In Hand’s pithy phrase, “[N]o 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 (2d Cir.), cert. denied, 298 U.S. 669, 56 S.Ct. 835, 80 L.Ed. 1392 (1936). Yet Professor Nimmer also recognizes, as a second proposition, that “a defendant may legitimately avoid infringe- ment by intentionally making sufficient changes in a work which would otherwise be regarded as…