Authors Guild, Inc. v. HathiTrust’s Empirical Analysis
755 F.3d 87 · 2014
Citation profile
9 federal appellate · 1 state decisions
Relationships
Applies 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. § 121 · 17 U.S.C. § 501 (§ 101 of the Copyright Act of 1976) · 42 U.S.C. § 12101 (§ 2 of the Americans with Disabilities Act of 1990)
Relies on Abbott Laboratories v. Gardner · Harper & Row, Publishers, Inc. v. Nation Enterprises · Sony Corporation of America v. Universal City Studios Inc · Campbell v. Acuff-Rose Music, Inc. · Clapper v. Amnesty International USA
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.”
8 later decisions quote this exact passage · from the majority“A use is transformative if it does something more than repackage or republish the original copyrighted work.”
3 later decisions quote this exact passage · from the majority“[a] fair use must not excessively damage the market for the original by providing the public with a substitute for that original work.”
2 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.