Bateman’s Empirical Analysis
Citation profile
6 district · 2 state decisions
How this case has been cited
Cited by 71 later decisions — most recently August 2024 · most notably 114 F. Supp. 2d 896 - A & M RECORDS, INC. v. Napster, Inc. (2000), Weins v. Sporleder (1997)
6 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
Relies on Carnegie v. United States · Feist Publications, Inc. v. Rural Telephone Service Co. · The Boeing Company v. Daniel C. Shipman · California State Board of Equalization v. Western Marina Corp. · Harper & Row, Publishers, Inc. v. Nation Enterprises
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“examine whether the jury charges, considered as a whole, sufficiently instructed the jury so that the jurors understood the issues and were not misled.”
3 later decisions quote this exact passage · from the majority“Although the traditional approach is to view “fair use” as an affirmative defense, ... it is better viewed as a right granted by the Copyright Act of 1976. Originally, as a judicial doctrine without any statutory basis, fair use was an infringement that was excused — this is presumably why it was treated as a defense. As a statutory doctrine, however, fair use is not an infringement. Thus, since the passage of the 1976 Act, fair use should no longer be considered an infringement to be excused; instead, it is logical to view fair use as a right. Regardless of how fair use is viewed, it is clear that the burden of proving fair use is always on the putative infringer.”
2 later decisions quote this exact passage · from the majority“Once the plaintiff produces a certificate of registration, the burden shifts to the defendant to establish that 'the work in which copyright is claimed is unprotectable (for lack of originality).'”
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.