Public-domain · open source
OpenJurist
← 949 F. Supp. 753 - Lamb v. Starks

949 F. Supp. 753 - Lamb v. Starks’s Empirical Analysis

1996

Citation profile

7
cited by 7 later decisions
August 2003
most recently cited

2 federal appellate · 4 district ·

Relationships

Applies 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 17 U.S.C. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 107 (§ 101 of the Copyright Act of 1976)

Relies on Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Harper & Row, Publishers, Inc. v. Nation Enterprises · Sony Corporation of America v. Universal City Studios Inc · Campbell v. Acuff-Rose Music, Inc. · Stewart v. Abend

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(1) to reproduce the copyrighted work in copies ...; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies ... of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of ... motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of ... pictorial ... works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly;....”
    1 later decision quote this exact passage
  2. “A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work.””
    1 later decision quote this exact passage

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.