COLUMBIA BROADCASTING SYSTEM, INC., ET AL.
v.
LOEW'S INC. ET AL.

U.S. | 1958-03-17
No. 90
Mr. Justice Douglas took no part in the consideration or decision of this case.
356 U.S. 43 Supreme Court of the United States (1958) Negative Treatment
Also reported at: 2 L. Ed. 2d 583 · 78 S. Ct. 667 · 1958 U.S. LEXIS 1355 · SCDB 1957-069
Cited by 69 cases

Per_curiam
Per Curiam.

Per Curiam.

The judgment is affirmed by an equally divided Court.

Mr. Justice Douglas took no part in the consideration or decision of this case.


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  • …o opinion was forthcoming. Williams & Wilkins Co. v. United States, 203 Ct. Cl. 74, 487 F. 2d 1345 (1973), aff’d, 420 U. S. 376 (1975); Benny v. Loew’s Inc., 239 F. 2d 532 (CA9 1956), aff’d sub nom. Columbia Broadcasting System, Inc. v. Loew’s Inc., 356 U. S. 43 (1958). Nor did Congress provide definitive rules when it codified the fair use doctrine in the 1976 Act; it simply incorporated a list of factors “to be considered”: the “purpose and character of the use,” the “nature of the copyrighted work,” the…
  • Fogerty v. Fantasy, Inc., 510 U.S. 517 (U.S. 1994)
    …165, 186 (SD Cal. 1955) (denying prevailing defendant fee award where question presented in the case “was a nice one,” and there are “no authorities squarely in point to guide the litigants or their counsel”), aff’d, 239 F. 2d 532 (CA9 1956), aff’d, 356 U. S. 43 (1958); Krafft v. Cohen, 38 F. Supp. 1022, 1023 (ED Pa. 1941) (denying fee award to prevailing defendant where claim brought “in good faith,” and evidence demonstrated appropriation); Lewys v. O’Neill, 49 F. 2d, at 618 (awarding fees to prevailing d…
  • Rosemont Enters., Inc. v. Random House, Inc., 366 F.2d 303 (2d Cir. 1966)
    …istrict court relied heavily on Loew’s, Inc. v. Columbia Broadcasting System, Inc., 131 F.Supp. 165, 174-176 (S.D.Cal.1955), aff’d, Benny v. Loew’s, Inc., 239 F. 2d 532 (9th Cir. 1956), aff’d without opinion by an equally divided court, 356 U.S. 43, 78 S.Ct. 667, 2 L.Ed. 2d 583 (1958) to support its restrictive view of the fair use privilege. That case involved a claim of copyright infringement against Jack Benny for his television parody of the motion picture “Gaslight.” The district court in finding an in…

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