Andrew Leicester v. Warner Brothers Warner Home Video Inc Warner Bros Consumer Products Dc Comics Atlantic Recording Corporation Does 1-20’s Empirical Analysis
232 F.3d 1212 · 2000
Citation profile
4 federal appellate · 2 district ·
Relationships
Relies on Cannon v. University of Chicago · Albernaz v. United States · Reiter v. Sonotone Corp. · Feltner v. Columbia Pictures Television, Inc. · Harris v. Emus Records Corp.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embod ied is located in or ordinarily visible from a public place.”
2 later decisions quote this exact passage · from the majority“Pictorial, graphic, and sculptural works include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.”
1 later decision quote this exact passage · from the majoritye.g. DC Comics v. Towle“[T]he copyrightability of architectural works shall not be evaluated under the separability test applicable to pictorial, graphic, or sculptural works.”
1 later decision quote this exact passage · from the dissente.g. T-Peg 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.