Carter v. American Telephone & Telegraph Co.

How later courts describe this case

• 'the occasion for facing such a possibility ought not to be forced until it is inescapably necessary'
• where plaintiff claimed that defendant’s tariff was both invalid and was being applied in a discriminatory manner
• court refused to “subscribe to the view that an author is absolutely precluded from saving time and effort by referring to and relying upon prior published material”
• where an order not itself appealable served as "the reason" for an appealable injunctive order, this Court reviewed the underlying order as part and parcel of the appealable order
• valid defense possible where plaintiff — Howard Hughes — threatened to “cause trouble” in retaliation for defendants’ plans to publish his biography, and subsequently obtained and brought suit based on copyrights to articles used in biography
• Sixth Circuit reciting evidence sufficient to find joint employer
• extensive verbatim copying cannot be fair use