Logourl black
From our private database of 14,000+ case briefs...

Bill Graham Archives v. Dorling Kindersley, Ltd.

United States Court of Appeals for the Second Circuit
448 F.3d 605 (2006)


Facts

Dorling Kindersley (defendant) published a coffee-table book, entitled Grateful Dead: The Illustrated Trip (the book), detailing the Grateful Dead’s history as a band. The book was 480 pages and contained over 2,000 images with accompanying text. The book was arranged chronologically, and each page generally contained a collage of pictures, explanatory text, and graphic art. Seven of the images included in the book had copyrights, which were owned by Bill Graham Archives (BGA). The seven images were originally used in a promotional capacity on posters and concert tickets. Kindersley attempted to negotiate a licensing agreement with BGA for use of the images, but ultimately published without an agreement. BGA sought a post-publication licensing agreement as well, but the parties were again unable to come to terms. BGA sued for copyright infringement. The district court granted summary judgment in favor of Kindersley, finding that the use of the images qualified as fair use. BGA appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Restani, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 174,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.