Aymes v. Bonelli’s Empirical Analysis
980 F.2d 857 · 1992
Citation profile
20 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 84 later decisions — most recently September 2021 · most notably Graham v. James (1998), Eisenberg v. Advance Relocation & Storage, Inc. (2000)
20 federal appellate · 3 district · 1 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
Applies 17 U.S.C. § 201 (§ 101 of the Copyright Act of 1976)
Relies on Community for Creative Non-Violence v. Reid · Witherspoon v. Illinois · Bryant v. North Carolina · Mgb Homes Inc v. Ameron Homes Inc · Picture Music, Inc. v. Bourne, 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party’s right to control the manner and means by which the product is accomplished. Among the other factors relevant to this inquiry are the skill required; the source of the instrumentalities and tools; the location of the work; the duration of the relationship between the parties; whether the hiring party has the right to assign additional projects to the hired party; the extent of the hired party’s discretion over when and how long to work; the method of payment; the hired party’s role in hiring and paying assistants; whether the work is part of the regular business of the hiring party; whether the hiring party is in business; the provision of employee benefits; and the tax treatment of the hired party.”
10 later decisions quote this exact passage · from the majority“[T]he factors relating to the authority to hire assistants will not normally be relevant if the very nature of the work requires the hired party to work alone.”
7 later decisions quote this exact passage · from the majority“(1) the hiring party's right to control the manner and means of creation; (2) the skill required; (3) the provision of employee benefits; (4) the tax treatment of the hired party; and (5) whether the hiring party has the right to assign additional projects to the hired party.”
5 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.