Brown v. Tabb’s Empirical Analysis
714 F.2d 1088 · 1983
Citation profile
12 federal appellate · 2 district ·
How this case has been cited
Cited by 24 later decisions — most recently September 2012
12 federal appellate · 2 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 Town of Mashpee v. Mashpee Tribe · S. S. W., Inc. v. Air Transport Ass'n of America · White v. Kimmell · Continental Casualty Company, Plaintiff-Appellee-Appellant v. Hulbert T. E. Beardsley and H. T. E. Beardsley, Inc., Defendants-Appellants-Appellees · Burke v. National Broadcasting 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The common law copyright grants of rights in perpetuity clearly conflicted with the aforesaid limited monopoly policy. Prior to enactment of the current Copyright Act (when the duration of protection even for unpublished works became limited in time), it was thought that so long as a work remained unpublished the author’s right to the privacy of his manuscript could prevail over the public’s right of access, and consequently common law copyright in unpublished works might endure in perpetuity. However, once an author elected to forego the privacy of his manuscript, preferring the more wordly rewards that come with exploitation of his work, he had to accept the limitations on his monopoly imposed by the public interest. Consequently, at such time perpetual common law rights ceased, and the author was required to look to the federal statute for the limited form of monopoly there available.”
1 later decision quote this exact passage · from the majority“[Publication occurs when by consent of the copyright owner, the original or tangible copies of a work are sold, leased, loaned, given away, or otherwise made available to the general public, or when an authorized offer is made to dispose of the work in any such manner even if a sale or other such disposition does not in fact occur.”
1 later decision quote this exact passage · from the majority“[T]he determination whether a work entered the public domain prior to the effective date of the 1976 Act must be made according the copyright law as it existed before that date.”
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.