1975 United States Supreme Court case
Williams & Wilkins Co. v. United States F.2d 1345 (Ct. Cl. 1973), was an important intellectual property decision by the federal Court of Claims , later affirmed by a per curiam opinion from an evenly divided United States Supreme Court , with only eight justices voting (Harry Blackmun took no part in the decision of this case). The decision held that it was a fair use for libraries to photocopy articles for use by patrons engaged in scientific research.
This decision, written by Judge Oscar Davis , has been cited as part of the trend in which the courts will take a cautious approach to intellectual property issues raised by the advent of new technology. Rather than enforce the rights of the author articles by placing a prohibition on such copying, the Court in this case held that this was not prohibited by the law as written, leaving it to the United States Congress to address the issue through legislation.
In particular, according to David L. Lange (No Law ), the case was a turning point for the doctrine of fair use : while for many decades the standards applied by courts to enforce copyright (or not) had been "arcana", the 1976 Copyright Act codified some fundamental criteria.
See also Further reading External links
Dormant Commerce Clause
Brown v. Maryland Willson v. Black-Bird Creek Marsh Co. Cooley v. Board of Wardens Wabash, St. Louis & Pacific Railway Co. v. Illinois Swift & Co. v. United States George W. Bush & Sons Co. v. Malloy Baldwin v. G.A.F. Seelig, Inc. Edwards v. California Southern Pacific Co. v. Arizona Dean Milk Co. v. City of Madison Miller Bros. Co. v. Maryland Bibb v. Navajo Freight Lines, Inc. National Bellas Hess v. Illinois Pike v. Bruce Church, Inc. Hughes v. Alexandria Scrap Corp. Complete Auto Transit, Inc. v. Brady Hunt v. Washington State Apple Advertising Commission City of Philadelphia v. New Jersey Exxon Corp. v. Governor of Maryland Reeves, Inc. v. Stake Kassel v. Consolidated Freightways Corp. Sporhase v. Nebraska ex rel. Douglas White v. Mass. Council of Construction Employers South-Central Timber Development, Inc. v. Wunnicke Maine v. Taylor Healy v. Beer Institute, Inc. Quill Corp. v. North Dakota Chemical Waste Management, Inc. v. Hunt Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon C&A Carbone, Inc. v. Town of Clarkstown West Lynn Creamery, Inc. v. Healy Granholm v. Heald United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority Department of Revenue of Kentucky v. Davis Comptroller of the Treasury of Maryland v. Wynne South Dakota v. Wayfair, Inc. Tennessee Wine and Spirits Retailers Assn. v. Thomas National Pork Producers Council v. Ross Others
Copyright Act of 1790 Patent Act of 1793 Patent infringement case lawPatentability case lawCopyright Act of 1831 Copyright Act of 1870 Sherman Antitrust Act of 1890 International Copyright Act of 1891 Copyright Act of 1909 Patent misuse case lawClayton Antitrust Act of 1914 Lanham Act
Inwood Laboratories, Inc. v. Ives Laboratories, Inc. San Francisco Arts & Athletics, Inc. v. United States Olympic Committee Two Pesos, Inc. v. Taco Cabana, Inc. Qualitex Co. v. Jacobson Products Co. College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board Cooper Industries, Inc. v. Leatherman Tool Group, Inc. TrafFix Devices, Inc. v. Marketing Displays, Inc. Dastar Corp. v. Twentieth Century Fox Film Corp. Moseley v. V Secret Catalogue, Inc. Lexmark International, Inc. v. Static Control Components, Inc. POM Wonderful LLC v. Coca-Cola Co. Matal v. Tam Iancu v. Brunetti Romag Fasteners, Inc. v. Fossil, Inc. Copyright Act of 1976
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