23 F. Supp. 2d 594 - Brown v. McCormick’s Empirical Analysis
1998
Citation profile
1 federal appellate · 2 district · 2 state decisions
Relationships
Applies 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. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 107 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 109 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 301 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 408 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 412 (§ 101 of the Copyright Act of 1976)
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Erie Co v. Tompkins · First Nat. Bank of Ariz. v. Cities Service 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As we discussed on the telephone, I will pay you $750.00 to design fifteen 16" (finished) blocks in the style of African American story quilts, circa 1850. Several blocks are described in the script ... and these descriptions must be replicated in your designs. You may use your own judgement [sic] in creating the remaining blocks to best complete the story. With your permission, two quilts will be made using your designs and they will be sold to Universal Studios/Amblin Productions for use in the film, “How To Make An American Quilt.” Final design approval of these two quilts will be made by the studio. As we agreed, you will retain all creative rights to the original designs, By signing and returning the enclosed copy of this letter, you agree to the terms set forth and give permission to use your designs in this project.”
1 later decision quote this exact passage · from the majority“(i) claims solely against McCormick for copying the Wedding Block to create the Marriage Block (Counts I — II); (ii) claims solely against McCormick for displaying “The Life Before” and “Where Love Resides” quilts at exhibitions (Count III); (iii) claims relating to the display of ■ “Where Love Resides” on promotional items, specifically t-shirts and tote bags (Counts IX-X); (iv) claims relating to the Where- Love Resides book featuring the quilts used in the Movie (Counts XI-XIV); (v) claims relating to an art print painted by Defendant John Simpkins (Count XVI-XIX); (vi) claims against McCormick for the unauthorized display of the two quilts on two cable television shows (Count XX); and (vii) claims that the display of the Marriage Block in the Movie itself infringes Brown’s copyright (Count XXIV-XXV).”
1 later decision quote this exact passage · from the majority“Barbara, it’s Patty McCormick from California ... I presented your designs yesterday to the studio, and they loved them, overwhelmingly approved them, said go ahead, finish them ... follow the script on the blocks that you need and use your best judgment for the others and ... they approved the fact that you may retain design rights to it and approved the cost of fifty dollars a block for the design work ... we’ll of course age this quilt. One has to ... look like about eighty years old: One has to look like about 110 years old ... or 14.O years old.”
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.