Fitzgerald v. CBS Broadcasting, Inc.’s Empirical Analysis
2007
Citation profile
6 federal appellate · 4 district ·
Relationships
Applies 17 U.S.C. § 107 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 504 (§ 101 of the Copyright Act of 1976)
Relies on Celotex Corporation v. Catrett H · Gertz v. Robert Welch, Inc. · Feist Publications, Inc. v. Rural Telephone Service Co. · Harper & Row, Publishers, Inc. v. Nation Enterprises · 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the loss of the licensing fee sought in the case itself does not constitute ‘market harm.' If it did, circular reasoning would resolve all fair use cases for the plaintiff, who certainly profits less if the defendant wins.” Fitzgerald v. CBS Broad., Inc., 491 F.Supp.2d 177 , 189 (D.Mass.2007) (citing Ringgold v. Black Entm't Television, 126 F.3d 70 , 81 (2d Cir. 1977) (”
1 later decision quote this exact passage · from the majority“origin, history, content, and defendant's use”
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.