Daboub v. Gibbons’s Empirical Analysis
1995
Citation profile
15 federal appellate · 8 district · 8 state decisions
How this case has been cited
Cited by 76 later decisions — most recently February 2018 · most notably Access Telecom, Inc. v. MCI Telecommunications Corp. (1999), United States ex rel. Berge v. Board of Trustees of the University of Alabama (1997)
15 federal appellate · 8 district · 8 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
Applies 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 205 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 301 (§ 101 of the Copyright Act of 1976)
Relies on Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Hildebrand v. Social Security Administration · Massachusetts Mutual Life Insurance v. Russell · Perpich v. Department of Defense · Twyman v. Twyman
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“On and after January 1, 1978, all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106 in works of authorship that are fixed in a tangible medium of expression and come within the subject matter of copyright as specified by sections 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively by this title. Thereafter, no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.”
10 later decisions quote this exact passage · from the majority“`The declaration of this principle in section 301 is intended to be stated in the clearest and most unequivocal language possible, so as to foreclose any conceivable misinterpretation of its unqualified intention that Congress shall act preemptively, and to avoid the development of any vague borderline areas between State and Federal protection.'”
3 later decisions quote this exact passage · from the majority“if the language of the act could be so easily circumvented, the preemption provision would be useless, and the policies behind a uniform Copyright statute would be silenced.”
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.