Kelly v. Arriba Soft Corp.’s Empirical Analysis
336 F.3d 811 · 2002
Citation profile
31 federal appellate · 7 district ·
How this case has been cited
Cited by 85 later decisions — most recently May 2025 · most notably Mattel Inc. v. Walking Mountain Productions (2003), Perfect 10, Inc. v. Amazon.com, Inc. (2007)
31 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 Harper & Row, Publishers, Inc. v. Nation Enterprises · Campbell v. Acuff-Rose Music, Inc. · A&M Records, Inc. v. Napster, Inc. · Dr Seuss Enterprises Lp v. Penguin Books Usa Inc · Worldwide Church of God v. Philadelphia Church of God, 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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“8 510 U.S. at 579 , 114 S.Ct. 1164 . The animating purpose of the first factor is to determine, in Justice Story's words, whether the new work merely 'supersede[s] the objects' of the original creation ... or instead adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message; it asks, in other words, whether and to what extent the new work is”
5 later decisions quote this exact passage · from the majority“[i]t was necessary ... to copy the entire image to allow users to recognize the image and decide whether to pursue more information about the image or the originating web site.”
4 later decisions quote this exact passage · from the majority“the effect of the use upon the potential market for or value of the copyrighted work.”
4 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.