Crow v. Wainwright’s Empirical Analysis
720 F.2d 1224 · 1983
Citation profile
15 federal appellate · 6 state decisions
How this case has been cited
Cited by 41 later decisions — most recently December 2015 · most notably Baltimore Orioles, Inc. v. Major League Baseball Players Ass'n (1986), Donald Frederick Evans & Associates, Inc. v. Continental Homes, Inc. (1986)
15 federal appellate · 6 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. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 301 (§ 101 of the Copyright Act of 1976)
Relies on California State Board of Equalization v. Western Marina Corp. · Ray v. Atlantic Richfield Co. · Goldstein v. California · Aronson v. Quick Point Pencil Co. · 399 So. 2d 1137 - Vey v. Bradford Union Guidance Clinic, 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]ll 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of copyright as specified by sections 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively by this title.”
4 later decisions quote this exact passage · from the majority“are 'equivalent to' the exclusive rights of section 106.”
3 later decisions quote this exact passage · from the majority““The proper method of analysis is to examine whether the elements of a cause of action for the tort of copyright infringement are equivalent to the elements of the crime of dealing in stolen property as it applies in this case. See 1 Nimmer on Copyright, § 1.01[b]. Despite the name given the offense, the elements essential to establish a violation of the Florida statute in this case correspond almost exactly to those of the tort of copyright infringement. The state criminal statute differs only in that it requires the prosecution to establish scienter, which is not an element of an infringement claim, on the part of the defendant. This distinction alone does not render the elements of the crime different in a meaningful way. Section 506 of the Copyright Act, which sets forth criminal penalties for copyright infringement, also requires the prosecution to prove scienter as an element of the case. See United States v. Smith, 686 F.2d 234 (5th Cir.1982). The additional element of scienter traditionally necessary to establish a criminal case merely narrows the applicability of the statute. The prohibited act — wrongfully distributing , a copyrighted work — remains the same. See Harper & Row [v. Nation Enters.], 501 F.Supp. [848, 853-54 (S.D.N.Y.1980)] (‘additional elements of “knowledge” and “intent” required under state law do not afford ... rights ... “different in kind” from those protected by the copyright laws’).””
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.