Bradbury v. Columbia Broadcasting System, Inc.’s Empirical Analysis
287 F.2d 478 · 1961
Citation profile
19 federal appellate · 7 district ·
How this case has been cited
Cited by 34 later decisions — most recently October 2009 · most notably Transgo, Inc. v. Ajac Transmission Parts Corp. (1985), Litchfield v. Spielberg (1984)
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 Sheldon v. Metro-Goldwyn Pictures Corp. · Howell Chevrolet Co. v. National Labor Relations Board · Universal Pictures Co. v. Harold Lloyd Corp. · National Labor Relations Board v. Howell Chevrolet Co. · Harold Lloyd Corp. v. Witwer
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The test of infringement is whether the work is recognizable by an ordinary observer as having been taken from the copyrighted source. Slight differences and variations will not serve as a defense.”
2 later decisions quote this exact passage · from the majority““. . . From numerous eases it may be concluded that in order to sustain an action for infringement of copyright, a substantial copy of the whole, or a material part, must be reproduced. ... On the principle of de minimis non curat lex, it is necessary that a substantial part of the copyrighted work be taken. Among criteria for ascertaining infringement, which have been mentioned by the courts, are whether so much has been taken as would sensibly diminish the value of the original; and whether the labors of the party entitled to copyright are substantially to an injurious extent appropriated by another.””
1 later decision quote this exact passage · from the majority“strong and persuasive evidence of copying requires the defendant to counter with strong convincing and persuasive evidence to the contrary,”
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.