Wright v. Warner Books, Inc.’s Empirical Analysis
953 F.2d 731 · 1991
Citation profile
31 federal appellate · 3 district ·
How this case has been cited
Cited by 73 later decisions — most recently February 2024 · most notably Castle Rock Entertainment, Inc. v. Carol Publishing Group, Inc. (1998), Twin Peaks Productions, Inc. v. Publications International, Ltd. (1993)
31 federal appellate · 3 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
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. § 410 (§ 101 of the Copyright Act of 1976)
Relies on Scharffe v. Perkins · Harper & Row, Publishers, Inc. v. Nation Enterprises · Castor v. United States · Douglas v. Alabama · Mazer v. Stein
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 73 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.”
5 later decisions quote this exact passage · from the concurrence“The fact-driven nature of the fair use determination suggests that a district court should be cautious in granting Rule 56 motions in this area; however, it does not protect the copyright holder from summary disposition of her claims where there are no material factual disputes.”
4 later decisions quote this exact passage · from the majority“[T]here is a strong presumption that factor one favors the defendant if the allegedly infringing work fits the description of uses described in section 107.”
4 later decisions quote this exact passage · from the concurrence
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.