Newton v. Diamond’s Empirical Analysis
2002
Citation profile
13 federal appellate · 2 district ·
How this case has been cited
Cited by 24 later decisions — most recently March 2022
13 federal appellate · 2 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
Applies 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 102 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 507 (§ 101 of the Copyright Act of 1976)
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Adickes v. S. H. Kress & Co. · Feist Publications, Inc. v. Rural Telephone Service 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Many courts have found that nearly identical or more substantial samples are not susceptible to copyright protection.”
2 later decisions quote this exact passage · from the majoritye.g. Williams v. Gaye · Williams v. Gaye“A musical composition captures an artist’s music in written form.”); see also T.B. Harms Co. v. Jem Records, Inc., 655 F.Supp. 1575, 1577 (D.N.J.,1987) (“The sound recording is the aggregation of sounds captured in the recording while the song or tangible medium of expression embodied in the recording is the musical composition.”
1 later decision quote this exact passage · from the majority“the fixation of a series of musical, spoken or other sounds,”
1 later decision 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.