On Davis v. Gap, Inc.’s Empirical Analysis
246 F.3d 152 · 2001
Citation profile
33 federal appellate · 14 district · 1 state decisions
How this case has been cited
Cited by 134 later decisions — most recently January 2025 · most notably Bouchat v. Baltimore Ravens Football Club, Inc. (2003), Polar Bear Productions, Inc. v. Timex Corp. (2004)
33 federal appellate · 14 district · 1 state decisions
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 Feist Publications, Inc. v. Rural Telephone Service Co. · Harper & Row, Publishers, Inc. v. Nation Enterprises · Fogerty Fantasy Inc · Sony Corporation of America v. Universal City Studios Inc · Campbell v. Acuff-Rose Music, 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 134 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a highly literal interpretation of the statute would favor”
12 later decisions quote this exact passage · from the majority“any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages.”
5 later decisions quote this exact passage · from the majority“If the harm resulted from a transformative secondary use that lowered the public’s estimation of the original (such as a devastating review of a book that quotes liberally from the original to show how silly and poorly written it is), this trans-formative use will be found to be a fair use, notwithstanding the harm.”
3 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.