109 Md. App. 113 - Hicks v. State’s Empirical Analysis
1996
Citation profile
2 district · 6 state decisions
Relationships
Applies 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976)
Relies on Katz v. United States · Rakas v. Illinois · National Union Fire Insurance v. Helfand · Harper & Row, Publishers, Inc. v. Nation Enterprises · Sears, Roebuck & Co. v. Stiffel Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Section 301, one of the bedrock provisions of the bill, would accomplish a fundamental and significant change in the present law. Instead of a dual system of common law copyright for unpublished works and statutory copyright for published works, which has been the system in effect in the United States since the first copyright statute in 1790, the bill adopts a single system of Federal statutory copyright from creation. Under section 301 a work would obtain statutory protection as soon as it is ‘created’ or, as that term is defined in section 101, when it is ‘fixed in a copy or phonorecord for the first time.’ Common law copyright protection for works coming within the scope of the statute would be abrogated, and the concept of publication would lose its all-embracing importance as a dividing line between common law and statutory protection and between both of these forms of legal protection and the public domain. By substituting a single Federal system for the present anachronistic, uncertain, impractical, and highly complicated dual system, the bill would greatly improve the operation of the copyright law and would be much more effective in carrying out the basic constitutional aims of uniformity and the promotion of writing and scholarship.*** *** One of the fundamental purposes behind the copyright clause of the Constitution, as shown in Madison’s comments in the Federalist, was to promote national uniformity and to avoid the practical difficulties of determining and enf”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.