List Of United States Supreme Court Copyright Case Law
   HOME

TheInfoList



OR:

This is a list of
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
cases in the area of
copyright law A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
. In the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, the
Copyright Clause The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 8). The clause, wh ...
in Article 1, Section 8 endows
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
with the power to create a copyright system. To avoid individual states' attempts at creating their own copyright systems, Congress passed the
Copyright Act of 1790 The Copyright Act of 1790 was the first federal copyright act to be instituted in the United States, though most of the states had passed various legislation securing copyrights in the years immediately following the Revolutionary War. The s ...
, based on
Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It is ...
's
Statute of Anne The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), was an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the g ...
. Over the decades since, copyright in the United States has become a more complicated system with longer terms and more tests, and has been the subject of many decisions by the Court. The Supreme Court was the source of a number of concepts in the field, including
fair use Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests ...
, the idea-expression divide, the useful articles or separability doctrine, and the uncopyrightability of federal documents. This list is a list solely of United States Supreme Court decisions about applying copyright law. Not all Supreme Court decisions are ultimately influential and, as in other fields, not all important decisions are made at the Supreme Court level. Many federal courts issue rulings that are significant or come to be influential, but those are outside the scope of this list. Because they share a clause of the Constitution and much the same justifications, there is considerable overlap between patent and copyright jurisprudence. As such, patent cases may appear in this list if they make their connections to copyright explicit in the opinions.


19th century


20th century


21st century


Forthcoming cases

The Supreme Court has granted
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
, but not yet issued a decision, in the following case:


Dissents to denials of ''certiorari''

When the Court refuses to hear a case, justices are entitled to write dissents to that denial of ''certiorari''.


Further research

* Raza Panjwani
"Supreme Court Copyright Index"
€”A post listing Supreme Court copyright jurisprudence, organized by justice. Last updated in 2014.


See also

*
List of United States Supreme Court patent case law This is an incomplete list of Supreme Court of the United States cases in the area of patent law. 19th century 1900–1920 1921–1959 1960–1969 1970–1979 1980–1989 1990–1999 2000–2009 2010–2019 2020–2029 S ...
*
List of United States Supreme Court trademark case law This is an incomplete list of Supreme Court of the United States cases in the area of trademark law. References * David S. Welkowitz"The Supreme Court and Trademark Law in the New Millennium" 30 ''William Mitchell Law Review'' 1659 (2004) * ...
{{SCOTUScaselists
Copyright law A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
Copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
Supreme Court