M. Kramer Manufacturing Co. v. Andrews’s Empirical Analysis
783 F.2d 421 · 1986
Citation profile
43 federal appellate · 22 district · 2 state decisions
How this case has been cited
Cited by 172 later decisions (1 by the Supreme Court) — most recently April 2024 · most notably Two Pesos, Inc. v. Taco Cabana, Inc. (1992), Lone Star Steakhouse Saloon Incorporated v. Alpha of Virginia Incorporated (1995)
43 federal appellate · 22 district · 2 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 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 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. § 401 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 405 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 410 (§ 101 of the Copyright Act of 1976) · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Starnes v. Penrod Drilling Co. · Inwood Laboratories, Inc. v. Ives Laboratories, Inc. · Mansion House Center South Redevelopment Co. v. United States · Mazer v. Stein · Southern Railway Co. v. North Carolina
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 172 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Audiovisual works” are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. A “computer program” is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. “Literary works” are works, other than audio visual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied. § 102(a). Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device, works of authorship include the following categories: (1) literary works; (6) motion pictures and other audiovisual works____ (b). In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodi”
3 later decisions quote this exact passage · from the majority“§ 102(a). Copyright protection subsists in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:”
3 later decisions quote this exact passage · from the majoritye.g. U.S. Payphone, Inc. v. Executives Unlimited of Durham, Inc., Amerigraphix, Incorporated, American Multimedia, Inc., and Bill Britt, David Riley, U.S. Payphone, Inc. v. Executives Unlimited of Durham, Inc., Amerigraphix, Incorporated, American Multimedia, Inc., and Bill Britt, David Riley · Simplified Information Systems, Inc. v. Cannon (In Re Simplified Information Systems, Inc.)“in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is”
3 later decisions quote this exact passage · from the majoritye.g. 1989 Copr.l.dec. P 26,472, 15 Fed.r.serv.3d 397, 12 U.s.p.q.2d 1638 · National Medical Advisory Services, Inc., a Delaware Corporation Medical Cost Reduction Systems, Inc., a Delaware Corporation Medical Claims Review Services, Inc. v. Earl J. Kolb, M.D., and Rosemary Kolb Francis P. Murphy v. Ronald E. Gots Barbara A. Gots Thomas McCarthy John Madigan Consultec, Inc. Workers' Compensation Fund, State of West Virginia, Third Party National Medical Advisory Services, Inc., a Delaware Corporation Medical Cost Reduction Systems, Inc., a Delaware Corporation Medical Claims Review Services, Inc. v. Earl J. Kolb, M.D., and Rosemary Kolb Francis P. Murphy v. Ronald E. Gots Barbara A. Gots Thomas McCarthy John Madigan Consultec, Inc. Workers' Compensation Fund, State of West Virginia, Third Party
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.