Roth v. Pritikin’s Empirical Analysis
710 F.2d 934 · 1983
Citation profile
36 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 63 later decisions (1 by the Supreme Court) — most recently June 2012 · most notably Stewart v. Abend (1990), Marvel Characters, Inc. v. Simon (2002)
36 federal appellate · 3 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
Applies 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 201 (§ 101 of the Copyright Act of 1976)
Relies on Penn Central Transportation Co. v. New York City · Crowell v. Benson · Pennsylvania Coal Co. v. Mahon · Lorillard v. Pons · Loretto v. Teleprompter Manhattan CATV Corp.
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Fairly read, § 301 merely provides the rights accruing to the owner of a copyright, those .“specified in section 106,” are defined pursuant to the 1978 Act, rather than prior law. Whoever holds an interest in a copyright on or after January 1, 1978, has a right to the protections afforded by the new statute, although the creative work may previously have been governed by the 1909 Act or the common law. Section 301 does not, however, purport to determine who holds a copyright for works created before January 1978. It merely clarifies the rights of individuals owning copyrights on that date, whomever they may be.”
3 later decisions quote this exact passage · from the majority“[e]ven the spectre of a constitutional issue”
3 later decisions quote this exact passage · from the majority“(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of copyright as specified by sections 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively by this title.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.”
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.