Cariou v. Prince’s Empirical Analysis
714 F.3d 694 · 2013
Citation profile
7 federal appellate ·
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)
Relies on eBay Inc. v. MERCEXCHANGE, LL · Harper & Row, Publishers, Inc. v. Nation Enterprises · Campbell v. Acuff-Rose Music, Inc. · Bleistein v. Donaldson Lithographing Co. · Castle Rock Entertainment, Inc. v. Carol Publishing Group, 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.”
12 later decisions quote this exact passage · from the majority“[t]he ultimate test of fair use is whether the copyright law's goal of promoting the Progress of Science and useful Arts would be better served by allowing the use than by preventing it.”
5 later decisions quote this exact passage · from the majority“[A]n accused infringer has usurped the market for copyrighted works, including the derivative market, where the infringer's target audience and the nature of the infringing content is the same as the original.”
3 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.