Pacific and Southern Company Inc Wxia-Tv v. Duncan Tv’s Empirical Analysis
744 F.2d 1490 · 1984
Citation profile
54 federal appellate · 7 district ·
How this case has been cited
Cited by 112 later decisions (1 by the Supreme Court) — most recently December 2018 · most notably Harper & Row, Publishers, Inc. v. Nation Enterprises (1985), Cable/Home Communication Corp. v. Network Productions, Inc. (1990)
54 federal appellate · 7 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. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 102 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 107 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 108 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 109 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 408 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 411 (§ 101 of the Copyright Act of 1976)
Relies on Red Lion Broadcasting Co. v. Federal Communications Commission · Richmond Newspapers, Inc. v. Virginia · Sony Corporation of America v. Universal City Studios Inc · Castor v. United States · Columbia Broadcasting System, Inc. v. Democratic National Committee
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 112 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.”
8 later decisions quote this exact passage · from the majority“[a]ny court having jurisdiction of a civil action arising under this title may ... grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright.”
7 later decisions quote this exact passage · from the majority“[T]he fair use of a copyrighted work ... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement, of copyright. In determining whether the use made, of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is óf 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.”
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.