Durham Industries, Inc. v. Tomy Corp.’s Empirical Analysis
630 F.2d 905 · 1980
Citation profile
96 federal appellate · 31 district · 3 state decisions
How this case has been cited
Cited by 338 later decisions — most recently August 2020 · most notably Warner Bros Inc Ag Dc v. American Broadcasting Companies Inc J (1983), Computer Associates International, Inc. v. Altai, Inc. (1992)
96 federal appellate · 31 district · 3 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
Relies on Singleton v. Wulff · Ohio Bureau of Employment Services v. Hodory · Helvering v. Gowran · Sears, Roebuck & Co. v. Stiffel Co. · Mazer v. Stein
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 338 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) 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of copyright as specified by section 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively by this title.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.”
8 later decisions quote this exact passage · from the majority“The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.”
8 later decisions quote this exact passage · from the majority“the original aspects of a derivative work must be more than trivial,”
8 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.