Bergt v. McDOUGAL LITTELL’s Empirical Analysis
2009
Citation profile
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. § 504 (§ 101 of the Copyright Act of 1976) · 28 U.S.C. § 1331 · 28 U.S.C. § 1367
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Feist Publications, Inc. v. Rural Telephone Service Co. · DiLeo v. Ernst & Young · Payne v. Pauley
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he court must determine whether the profits derived from the sale of a product containing the copyrighted work or from the use of the copyrighted work to promote sales of another product. Here, the painting was not used separately in an attempt to promote the sale of the textbook, but instead forms an integrated component of the textbook. As such, this case is more comparable to the infringing use of ... copyrighted songs as part of a musical revue, [Frank Music I, 772 F.2d at 505 ].”
1 later decision quote this exact passage · from the majoritye.g. Fahmy v. Jay-Z
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.