Rogers v. Koons’s Empirical Analysis
960 F.2d 301 · 1992
Citation profile
45 federal appellate · 19 district ·
How this case has been cited
Cited by 206 later decisions (1 by the Supreme Court) — most recently September 2024 · most notably Campbell v. Acuff-Rose Music, Inc. (1994), Twin Peaks Productions, Inc. v. Publications International, Ltd. (1993)
45 federal appellate · 19 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. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 102 (§ 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) · 17 U.S.C. § 503 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 504 (§ 101 of the Copyright Act of 1976)
Relies on Feist Publications, Inc. v. Rural Telephone Service Co. · Scharffe v. Perkins · Harper & Row, Publishers, Inc. v. Nation Enterprises · Sony Corporation of America v. Universal City Studios Inc · Douglas v. Alabama
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 206 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A parody is a humorous or satirical imitation of a work of art that `creates a new artwork that makes ridiculous the style and expression of the original.'”
5 later decisions quote this exact passage · from the majority“Elements of originality in a photograph may include posing the subjects, lighting, angle, selection of film and camera, evoking the desired expression, and almost any other variant involved.”
4 later decisions quote this exact passage · from the majority“infringement of a copyrightable expression could be justified as a fair use solely on the basis of the infringer's claim to a higher or different artistic use ... there would be no practicable boundary to the fair use defense.”
3 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.