← 123 F.2d 697 - Shapiro, Bernstein & Co. v. Bryan

Shapiro, Bernstein & Co. v. Bryan’s Empirical Analysis

123 F.2d 697 · 1941

Citation profile

cited by 44 later decisions

July 2018

most recently cited

28 federal appellate · 1 district ·

How this case has been cited

Cited by 44 later decisions — most recently July 2018 · most notably Abend v. MCA, Inc. (1988), Picture Music, Inc. v. Bourne, Inc. (1972)

28 federal appellate · 1 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Tobani v. Carl Fischer, Inc.

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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“[T]he word `author' shall include an employer in the case of works made for hire.”
3 later decisions quote this exact passage · from the majority
e.g. Epoch Producing Corporation, and Cross-Appellant v. Killiam Shows, Inc., and Cross-Appellees. Killiam Shows, Inc., Third-Party v. Raymond Rohauer and Jay Ward Productions, Inc., Third-Party · Estate of Burne Hogarth v. Edgar Rice Burroughs, Inc.
“The first class provides for “posthumous” works, i.e. those on which the original copyright has been taken out by someone to whom the literary property passed before publication.”
2 later decisions quote this exact passage · from the majority
e.g. Bartok v. Boosey & Hawkes, Inc. · Peter Bartok v. Boosey & Hawkes, Inc., and Benjamin Suchoff, as Trustee of the Estate of Bela Bartok
“It is of course true that since the right of renewal is quite separate from the original copyright, circumstances which might be enough to imply its transfer — e. g. working for wages — might not be enough to imply a transfer of the right of renewal. We assume arguendo for instance that the assignee of the literary property in an unpublished work, who later takes out the copyright, like the assignee of the copyright itself, does not get the renewal; it might have been reasonable therefore to save out of the transfer by contract of employment cases where the employee was the real author, as here. 123 F.2d at 700 .”
1 later decision quote this exact passage · from the majority
e.g. 314 F. Supp. 640 - Picture Music, Inc. v. Bourne, Inc.

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.