Thomson v. Larson’s Empirical Analysis
147 F.3d 195 · 1998
Citation profile
19 federal appellate · 7 district ·
How this case has been cited
Cited by 60 later decisions — most recently November 2024 · most notably Kinstler v. First Reliance Standard Life Insurance (1999), The Morningside Group Limited v. Morningside Capital Group, L.l.c. (1999)
19 federal appellate · 7 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 Anderson v. City of Bessemer City · Community for Creative Non-Violence v. Reid · Gilliam v. American Broadcasting Companies, Inc. · Weissmann v. Freeman · Mgb Homes Inc v. Ameron Homes 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.”
4 later decisions quote this exact passage · from the majority“[A] writer frequently works with an editor who makes numerous useful revisions to the first draft, some of which will' consist of additions of copyrightable expression. Both intend their contributions to be merged into inseparable parts of a unitary whole, yet very few editors and even fewer writers would expect the editor to be accorded the status of joint author, enjoying an undivided half interest in the copyright in the published work. Similarly, research assistants may on occasion contribute to an author some protectable expression or merely a sufficiently original selection of factual material as would be entitled to a copyright, yet not be entitled to be regarded as a joint author of the work in which the contributed material appears. What distinguishes the writer-editor relationship and the writer-researcher relationship from the true joint author relationship is the lack of intent of both participants in the venture to regard themselves as joint authors.”
3 later decisions quote this exact passage · from the majority“co-authorship claimant bears the burden of establishing that each of the putative co-authors (1) made independently copyrightable contributions to the work; and (2) fully intended to be co-authors.”
2 later decisions quote this exact passage · from the majority
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.