Rca/ariola International Inc Bmg McA Cbs v. Thomas & Grayston Company 1-100 Rca/ariola International Inc Bmg McA Cbs’s Empirical Analysis
1988
Citation profile
6 federal appellate · 12 district ·
How this case has been cited
Cited by 44 later decisions — most recently March 2016 · most notably Knitwaves, Inc. v. Lollytogs Ltd. (1995), Columbia Pictures Television v. Krypton Broadcasting of Birmingham, Inc. (1997)
6 federal appellate · 12 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
Relies on Sony Corporation of America v. Universal City Studios Inc · Lemon v. Kurtzman · Gershwin Publishing Corp. v. Columbia Artists Management, Inc. · Shapiro, Bernstein & Co. v. H. L. Green Co. · Hartman v. Hallmark Cards, Inc.
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This argument ignores the most obvious basis for holding the retailers hable: the retailers’ employees actively assisted in copying the protected material by inspecting the copyrighted tape and selecting a blank tape of the proper length to copy the protected work and by actually operating the machine. This sort of direct participation in the illegal copying ... has been held the basis for direct liability. The retailers’ employees did more than simply supply tape ...; the retailers here also picked the proper tape to reproduce a particular copyrighted work. They did more than demonstrate the machine ...;. here, the employees helped the customers copy a whole tape, not just enough to demonstrate operation of the machine, and the customers kept the tape, rather than erasing it.”
1 later decision quote this exact passage · from the majority“The prerequisites for vicarious liability for copyright infringements are: 1. The right and ability to supervise the infringing activity; and 2. An obvious and direct financial interest in exploitation of copyrighted materials.”
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.