Newton v. Diamond’s Empirical Analysis
388 F.3d 1189 · 2003
Citation profile
14 federal appellate · 3 district ·
How this case has been cited
Cited by 39 later decisions — most recently August 2023 · most notably Johnson v. Gordon (2005), L.A. Printex Industries, Inc. v. Aeropostale, Inc. (2012)
14 federal appellate · 3 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
Applies 17 U.S.C. § 102 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 107 (§ 101 of the Copyright Act of 1976)
Relies on Peter Pan Fabrics, Inc. v. Martin Weiner Corp. · Warner Bros Inc Ag Dc v. American Broadcasting Companies Inc J · Sheldon v. Metro-Goldwyn Pictures Corp. · Castle Rock Entertainment, Inc. v. Carol Publishing Group, Inc. · Laureyssens Nv v. Idea Group 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“is not conclusive of infringement. Some copying is permitted.”
3 later decisions quote this exact passage“no reasonable juror could find [it] to be a quantitatively or qualitatively significant portion of the [four-and-a-half-minute] composition as a whole.”
2 later decisions quote this exact passagee.g. Williams v. Gaye · Williams v. Gaye“A 'use is de minimis only if the average audience would not recognize the appropriation.'”
2 later decisions quote this exact passagee.g. Williams v. Gaye · Williams v. Gaye
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.