Morley Music Co. v. Dick Stacey's Plaza Motel, Inc.’s Empirical Analysis
725 F.2d 1 · 1983
Citation profile
10 federal appellate · 10 district ·
How this case has been cited
Cited by 32 later decisions — most recently August 2011 · most notably Venegas-Hernandez v. Sonolux Records (2004), Video Views, Inc. v. Studio 21, Ltd. (1991)
10 federal appellate · 10 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
Applies 17 U.S.C. § 504 (§ 101 of the Copyright Act of 1976)
Relies on F. W. Woolworth Co. v. Contemporary Arts, Inc. · Sid & Marty Krofft Television Productions, Inc. And Sid & Marty Krofft Productions, Inc. v. McDonald Corporation and Needham, Harper & Steers, Inc., Defendants- Sid & Marty Krofft Television Productions, Inc. And Sid & Marty Krofft Productions, Inc. v. McDonald Corporation and Needham, Harper & Steers, Inc., Defendants · Douglas v. Cunningham · Eisler v. Stritzler · Ca 79-3781 United Artists Corporation v. Freeman
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $500 or more than $20,000 as the court considers just (2) -In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was commits ted willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $100,000 ...”
3 later decisions quote this exact passage · from the majority“[A] trial court is not left completely to its own devices in determining damages. Although there need not be the kind of hearing required if factual damages were the issue, there must, we think, be either some hearing or sufficient affidavits to give the trial judge an adequate reference base for his judgment.”
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.