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Question: You have a stack of primary and secondary authority relevant to the legal issue explained below. What is the rank of the binding authorities
Question: You have a stack of primary and secondary authority relevant to the legal issue explained below. What is the rank of the binding authorities (click and drag) in order of their weight/power over the case?
Dan is suing Phoebe for violating the Copyright Act (a federal law). He claims that Phoebe wrote a song based on Dan's song. The lyrics are quite similar, and though Phoebe uses a different melody, Dan is suing because he thinks that she simply applied her lyrics to a new tune.
- The court will consider the relevant factors for "fair use," set out in 17 USC 107 (2012).
- Dan is considering filing suit inFEDERAL COURTinCALIFORNIA.
List of sources to rank in order of their weight/power to the case:
Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994). (U.S. Supreme Court case)
17 U.S.C. 106 (2012). (Federal copyright statute)
17 U.S.C. 107 (2012). (Federal copyright statute)
Dr. Suess Enters, L.P. v. Penguin Books USA, Inc., 109 F.3d 1394 (9th Cir. 1997). (Case from the Ninth Circuit Court of Appeals)
Leibowitz v. Paramount Pictures Corp., 137 F.3d 109 (2nd Cir. 1998). (Case from the Second Circuit Court of Appeals)
Mattel Inc. v. Walking Mountain Prods., 353 F.3d 792 (9th Cir. 2003). (Case from the Ninth Circuit Court of Appeals)
Fisher v. Dees, 794 F.2d 432 (9th Cir. 1986). (Ninth Circuit case)
Abilene Music, Inc. v. Sony Music Entm't, Inc., 230 F. Supp. 2d 84 (S.D.N.Y. 2003). (Case from the Southern District of New York federal trial court)
Barton Beebe,An Empirical Study of U.S. Copyright Fair Use Opinions 1978-2005, 156 U. Pa. L. Rev. 549 (2008). (Pennsylvania Law Review article)
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