Opinion · Supreme Court of the United States

AMREP Corp. v. United States

434 U.S. 1015

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1978-01-09
Topic
general

How later courts describe this case

  • almost wholesale verbatim appropriation of most original aspects — financial analysis and predictions — of plaintiff's work
  • preliminary injunction affirmed upon a finding that irreparable injury may be presumed when copyright is infringed
  • "Absent a present intent to deceive, a statement of future intentions, promises or expectations is not actionable on the grounds of fraud.”
  • "Conflicts between interests protected by the first amendment and the copyright laws thus far have been resolved by application of the fair use doctrine.”
  • upon making out a prima facie case for copyright infringement plaintiff is entitled to a preliminary injunction
  • where evidence shows “active and knowing participation” by corporate officers in setting up a fraudulent sales program, the officers are equally hable with the corporation for its acts of fraud
  • mail fraud and interstate transportation of fraudulently taken property
  • irreparable harm is normally presumed if infringement -is demonstrated

Citator

UpLaw has not yet analyzed AMREP Corp. v. United States. The absence of a flag is not a finding that it is good law.

Cited by
175 opinions

C. A. 2d Cir. Certiorari denied.