Davis v. Blige’s Empirical Analysis
505 F.3d 90 · 2007
Citation profile
14 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 86 later decisions — most recently November 2024 · most notably Sybersound Records, Inc. v. UAV Corp. (2008), In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation (2013)
14 federal appellate · 2 district · 1 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 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 102 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 201 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 204 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 501 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 504 (§ 101 of the Copyright Act of 1976)
Relies on Community for Creative Non-Violence v. Reid · Sony Corporation of America v. Universal City Studios Inc · Equal Employment Opportunity Commission v. Waffle House, Inc. · Miller v. Wolpoff & Abramson, L.L.P. · TWENTIETH CENTURY MUSIC CORP. Et Al. v. AIKEN
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“immunizes the licensee from a charge of copyright infringement, provided that the licensee uses the copyright as agreed with the licensor.”
3 later decisions quote this exact passage · from the majority“A[n] [ ]owner’s ability to grant licenses to third parties unilaterally will therefore depend on the type of licenses granted. There are two general categories of licenses: non-exclusive licenses, which permit licensees to use the copyrighted material and may be granted to multiple licensees; and exclusive licenses, which grant to the licensee the exclusive right-superior even to copyright owners’ rights-to use the copyrighted material in a manner as specified by the license agreement.”
2 later decisions quote this exact passage · from the majority“Unlike a settlement, which recognizes'an unauthorized use but waives a settling owner’s accrued claims, of liability, a retroactive license or assignment would — if given legal effect — erase the unauthorized use' from history with the result that the nonparty co-owner’s right to sue for infringement, which accrues when the infringement first occurs; -is extinguished.-”
2 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.