Oboler v. Goldin’s Empirical Analysis
714 F.2d 211 · 1983
Citation profile
38 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 80 later decisions (1 by the Supreme Court) — most recently July 2017 · most notably Feltner v. Columbia Pictures Television, Inc. (1998), Warner Bros Inc Ag Dc v. American Broadcasting Companies Inc J (1983)
38 federal appellate · 4 district · 1 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 Continental Ore Company v. Union Carbide and Carbon Corporation · Angrist v. United States · Simblest v. Maynard · Roy Export Co. Establishment v. Columbia Broadcasting System, Inc. · Hoehling v. Universal City Studios, Inc.
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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Remedies for infringement under the Copyright Act of 1976 may be pleaded in the alternative, 17 U.S.C. § 504 (a), as plaintiffs in this action did plead them, but the copyright owner is to make an election before final judgment. Id. (c)(1). Election of statutory damages precludes recovery of actual damages and profits. Id. Because we vacate the order as to damages, Oboler and Nostalgia Records, Inc., may make the election which so far as the record indicates they failed to make at the first trial. The determination of statutory damages, including a fivefold increase in the maximum award if the plaintiff proves and the court finds willful infringement, is assigned by statute to the judge rather than the jury. Id. (c)(1), (2); 3 M. Nim-mer, Nimmer on Copyright § 14.04[C], at 14-31-14-32 (1982) (“the better view”); but see Gnossos Music v. Mitken, Inc., 653 F.2d 117 (4th Cir.1981). Thus, election of statutory damages would not necessitate a new trial.”
2 later decisions quote this exact passage · from the majority“in any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof. Except as otherwise provided by this title, the court may also award a reasonable attorney’s fee to the prevailing party as part of the costs.”
1 later decision quote this exact passage · from the majority“assures equal access to courts, provides an economic incentive to challenge infringements, and penalizes the losing party.”
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.