EASTER SEAL SOCIETY FOR CRIPPLED CHILDREN & ADULTS OF LOUISIANA, INC.
v.
PLAYBOY ENTERPRISES, INC., ET AL.

U.S. | 1988-03-28
No. 87-482
Justice White would grant certiorari.
485 U.S. 981 Supreme Court of the United States (1988) Positive Treatment
Cited by 20 cases

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  • …494 (1988). Adopting what it termed the “literal interpretation” of the Act as articulated by the Fifth Circuit in Easter Seal Society for Crippled Children & Adults of Louisiana, Inc. v. Playboy Enterprises, 815 F. 2d 323, 329 (1987), cert. denied, 485 U. S. 981 (1988), the court read § 101 as creating “a simple dichotomy in fact between employees and independent contractors.” 270 U. S. App. D. C., at 33, 846 F. 2d, at 1492. Because, under agency law, Reid was an independent contractor, the court conclude…
  • M.G.B. Homes, Inc. v. Ameron Homes, Inc., 903 F.2d 1486 (11th Cir. 1990)
    …efensive tactic adopted by a third-party infringer to dispute the validity of the plaintiffs copyright.” Easter Seal Society for Crippled Children and Adults of Louisiana, Inc. v. Playboy Enterprises, 815 F. 2d 323, 333 (5th Cir.1987), cert. denied, 485 U.S. 981, 108 S.Ct. 1280, 99 L.Ed.2d 491 (1988).8 As that court pointed out, and we adopt, this defense gives the putative infringer, rather than the creator of the work, the benefits of finding a work was not a “work-for-hire.” Id. Under the Copyright Act…
  • Dimmitt v. City OF Clearwater, 985 F.2d 1565 (11th Cir. 1993)
    …) (city’s aesthetic interests in preserving historic district supported content neutral restriction upon off-site commercial and noncommercial signs); Don’s Porta Signs, Inc. v. City of Clearwater, 829 F. 2d 1051, 1053 (11th Cir.1987), cert. denied, 485 U.S. 981, 108 S.Ct. 1280, 99 L.Ed.2d 491 (1988) (regulation of portable signs directly advances city’s legitimate interest in reducing visual clutter); Harnish v. Manatee County, 783 F. 2d 1535, 1540 (11th Cir.1986) (upholding total ban on portable signs bas…

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