AMREP Corp. v. United States

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