Craft v. Kobler’s Empirical Analysis
1987
Citation profile
12 federal appellate ·
How this case has been cited
Cited by 21 later decisions — most recently February 2018
12 federal appellate ·
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 17 U.S.C. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 107 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 201 (§ 101 of the Copyright Act of 1976)
Relies on Harper & Row, Publishers, Inc. v. Nation Enterprises · Castor v. United States · Angrist v. United States · Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc. · Gemelli v. Pennsylvania
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen dealing with copyrighted expression, a biographer (or any other copier) may frequently have to content himself with reporting only the fact of what his subject did, even if he thereby pens a ‘pedestrian’ sentence. The copier is not at liberty to avoid ‘pedestrian’ reportage by appropriating his subject’s literary devices.”
1 later decision quote this exact passage · from the majority“In assessing claims of fair use, we must consider the number, size and importance of appropriated passages, as well as their individual justifications.”
1 later decision quote this exact passage · from the majority“the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.”
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.