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CANONICAL REPORTER · LANDMARK DECISIONS & DOSSIERS

The Reporter

From Campbell v. Acuff-Rose to Andy Warhol Foundation v. Goldsmith, explore curated case dossiers complete with procedural postures, core holdings, judicial reasoning, and downstream precedential influence.

SCOTUS·1994·Justice David Souter
BINDING

A commercial parody may qualify as fair use under 17 U.S.C. § 107. The commercial nature of a secondary use does not create an automatic presumption against fair use; rather, the more transformative the new work, the less will be the significance of commercialism under Factor 1.

#computational-fair-use#micro-sampling-quantization
17 U.S.C. § 107(1)
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SCOTUS·2023·Justice Sonia Sotomayor
BINDING

The Andy Warhol Foundation's commercial licensing of 'Orange Prince' to Condé Nast does not qualify as fair use under Factor 1. When an original work and a secondary use share substantially the same commercial purpose, Factor 1 weighs against fair use unless there is an independent transformative justification.

#computational-fair-use#latent-space-jurisprudence
17 U.S.C. § 107(1)
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SCOTUS·2021·Justice Stephen Breyer
BINDING

Google's copying of the Java API declaring code was fair use as a matter of law. Reimplementation of declaring code to enable programmer skill portability in a novel computing environment satisfies the transformative purposes of copyright.

#interoperability-reimplementation#computational-fair-use
17 U.S.C. § 107
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2D CIR.·2015·Judge Pierre N. Leval
NARROWED

Google's mass scanning of books to create a full-text searchable database and display snippets is transformative fair use. Non-expressive computational indexing provides enormous public benefit without creating a market substitute.

#computational-fair-use#latent-space-jurisprudence
17 U.S.C. § 107(1)
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SCOTUS·2014·Justice Clarence Thomas
BINDING

The claims are patent-ineligible because they target an abstract idea (intermediated settlement) and fail to provide an 'inventive concept' that transforms the abstract idea into a patent-eligible application.

#algorithmic-patent-gate#interoperability-reimplementation
35 U.S.C. § 101
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SCOTUS·1995·Justice Stephen Breyer
BINDING

A single color can be registered as a trademark under the Lanham Act if it has acquired secondary meaning identifying product source and does not serve a functional purpose.

#chromatic-trade-dress
15 U.S.C. § 1127
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CALIFORNIA SUPERIOR COURT (SAN MATEO COUNTY)·2020·Judge Marie S. Weiner
BINDING

Scola v. Facebook, Inc.

No. 18-CIV-05135 (Cal. Super. Ct. 2020)

Read on npr.org

The $52 million settlement established an industry benchmark for content moderation occupational safety, requiring platforms to fund psychiatric diagnosis/treatment and mandate software mitigations (grayscale display, audio muting, 4-hour daily exposure limits).

#content-moderator-ptsd-liability#rlhf-piecework-flsa-classification
29 U.S.C. § 654(a)(1) (OSHA General Duty)
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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA·2024·Judge Rita F. Lin
BINDING

Mobley v. Workday, Inc.

No. 23-cv-00770 (N.D. Cal. 2024)

Read on CourtListener

Workday can be held directly liable as an 'employment agency' and 'agent' under federal anti-discrimination laws because its AI software exercises delegated decision-making authority over job applicants.

#automated-employment-decision-bias#algorithmic-workplace-surveillance
42 U.S.C. § 2000e-2 (Title VII)
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SCOTUS·2013·Justice Clarence Thomas
BINDING

A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated. However, complementary DNA (cDNA) is patent eligible because it is synthetic and does not occur naturally in the human genome.

#natural-gene-isolation-bar#crispr-germline-patent-gate
35 U.S.C. § 101
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FED. CIR.·2018·Judge Kimberly A. Moore
BINDING

Substantial evidence supported the PTAB's determination of no interference-in-fact. Eukaryotic application of CRISPR-Cas9 was a non-obvious inventive leap requiring separate patent claims from generic prokaryotic gene editing.

#crispr-germline-patent-gate#natural-gene-isolation-bar
35 U.S.C. § 103
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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA·2024·Pending District Judge Assignment
BINDING

The DOJ complaint establishes the modern enforcement theory of algorithmic horizontal price fixing: sharing data through a centralized algorithmic hub substitutes collective algorithmic pricing for independent market competition.

#algorithmic-dynamic-rent-fixing#compute-cluster-export-controls
15 U.S.C. § 1
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FEDERAL COMMUNICATIONS COMMISSION ENFORCEMENT BUREAU·2023·FCC Enforcement Bureau Chief Loyaan A. Egal
BINDING

The FCC issued its first-ever space debris enforcement penalty, finding DISH failed to properly deorbit EchoStar-7, imposing a $150,000 civil penalty, and establishing precedent for orbital debris regulatory enforcement.

#orbital-debris-strict-liability#lunar-in-situ-extraction-rights
47 U.S.C. § 308 (Communications Act)
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SCOTUS·1903·Justice Oliver Wendell Holmes, Jr.
BINDING

Commercial advertisements are fully eligible for copyright protection. Justice Holmes established the foundational 'Aesthetic Non-Discrimination Principle': judges trained only in law must not constitute themselves final arbiters of the artistic merit or worth of pictorial illustrations.

#synthetic-authorship-bar#latent-space-jurisprudence
U.S. Const. art. I, § 8, cl. 8
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SCOTUS·1884·Justice Samuel Freeman Miller
BINDING

Photographs are copyrightable works of authorship when the human creator exercises mental conception, poses the subject, arranges lighting, and selects the visual composition.

#synthetic-authorship-bar#latent-space-jurisprudence
U.S. Const. art. I, § 8, cl. 8
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SCOTUS·1984·Justice John Paul Stevens
BINDING

The sale of copying equipment does not constitute contributory infringement if the product is widely used for legitimate, unobjectionable purposes or is capable of substantial non-infringing uses. Private non-commercial home time-shifting of free television broadcasts is fair use.

#platform-framing-immunity#computational-fair-use
17 U.S.C. § 106
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SCOTUS·1991·Justice Sandra Day O'Connor
BINDING

The Supreme Court unanimously held that alphabetical white pages directories lack the requisite creative originality for copyright. Originality is a constitutional requirement requiring independent creation plus a modicum of creativity. The Court explicitly repudiated the 'sweat of the brow' doctrine.

#synthetic-authorship-bar#latent-space-jurisprudence
U.S. Const. art. I, § 8, cl. 8
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9TH CIR.·1988·Judge John T. Noonan, Jr.
BINDING

When a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs and have committed a tort under California common law.

#ai-voice-likeness-cloning#style-mimicry-appropriation
Cal. Civ. Code § 3344
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SCOTUS·1971·Chief Justice Warren E. Burger
BINDING

Title VII prohibits not only intentional discrimination, but also employment practices that are facially neutral in their treatment of different groups but that in fact fall more harshly on one group than another and cannot be justified by business necessity. Chief Justice Burger established the landmark 'Disparate Impact Doctrine'.

#automated-employment-decision-bias#synthetic-biometric-id-authentication
42 U.S.C. § 2000e-2(k) (Title VII Disparate Impact Provision)
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SCOTUS·1980·Chief Justice Warren E. Burger
BINDING

A live, human-made micro-organism is patentable subject matter under 35 U.S.C. § 101. Congress intended patentable subject matter to 'include anything under the sun that is made by man.'

#crispr-cas-off-target-liability#synthetic-genome-dual-use-biosecurity
35 U.S.C. § 101 (Inventions Patentable)
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SCOTUS·1993·Justice Harry Blackmun
BINDING

The Frye 'general acceptance' test was superseded by the Federal Rules of Evidence. Under Federal Rule of Evidence 702, the trial judge must ensure that all scientific and technological testimony is not only relevant, but reliable, acting as a judicial 'gatekeeper'.

#post-veracity-deepfake-forensics#automated-employment-decision-bias
Fed. R. Evid. 702 (Testimony by Expert Witnesses)
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SCOTUS·2016·Justice Ann Walsh Bradley
NARROWED

State v. Loomis

881 N.W.2d 749 (Wis. 2016)

Read on CourtListener

The use of an algorithmic risk assessment at sentencing does not violate due process, provided that the risk score is not used to determine whether to incarcerate or the severity of the sentence, and is accompanied by mandatory judicial warnings regarding the tool's proprietary nature, racial disparities, and group-level statistical limitations.

#automated-employment-decision-bias#synthetic-biometric-id-authentication
U.S. Const. amend. XIV (Due Process Clause)
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U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK·2023·Judge Jed S. Rakoff
BINDING

The Rogers v. Grimaldi artistic relevance test applies to NFT digital art, but does not protect digital creators who use another's famous trademark to intentionally mislead consumers as to source or affiliation in digital marketplaces. The jury found Rothschild liable on all counts, awarding Hermès $133,000 in damages.

#xr-digital-twin-trade-dress#ai-generated-trade-dress-dilution
15 U.S.C. § 1114 (Trademark Infringement)
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