Murray v. Gelderman’s Empirical Analysis
566 F.2d 1307 · 1978
Citation profile
27 federal appellate · 5 district ·
How this case has been cited
Cited by 52 later decisions (1 by the Supreme Court) — most recently November 2005 · most notably Community for Creative Non-Violence v. Reid (1989), Marvel Characters, Inc. v. Simon (2002)
27 federal appellate · 5 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 United States v. Diebold, Inc. · Relford v. Commandant, U. S. Disciplinary Barracks · Carter v. Stanton · Fitzpatrick v. Bitzer · Bleistein v. Donaldson Lithographing Co.
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"... the motivating factor in producing the work was the employer who induced its creation____ Another factor is whether the employer had the right to direct and supervise the manner in which the work was being performed____ In addition, the nature and amount of compensation may be considered but are of minor importance.” id. at 1310 .”
5 later decisions quote this exact passage · from the majority“[W]hen one person engages another, whether as employee or as an independent contractor, to produce a work of an artistic nature ... the presumption arises that the mutual intent of the parties is that the title to the copyright shall be in the person at whose instance and expense the work is done.”
2 later decisions quote this exact passage · from the majority“the employer . . . is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.”
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.