Copyright Law

The subject matter of Copyright

Applies to works of "authorship" and it must be "fixed" and "original."

Originality in compilations

Compilations that have selection and arrangements that are made independently, with a minimal degree of originality may be granted protection. Subsequent works based on a compilation will be granted as long as there is not the same selection and arrangements.

Originality Requirement

1. The author must have engaged in some intellectual endeavor and not just copied from a preexisting sources; and 2. The work must contain a minimal amount of creativity.

Fixed

A work is fixed in a tangible medium of expression "when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.

Blank Forms

Courts deny copyright protection to blank forms that are designed for recording information and do not in themselves convey information.

Originality in derivative works

Derivative protection extends only to the material contribution made by the author: § 103(a), (b). • (a): must be given the right to use the material. • (b): the copy right only applies to the incremental expression.

Thin Copyrights

In special situations where there are relatively few ways to express an idea, courts may recognize copyright protection but refuse to find infringement unless the work is an exact copy.

Authorship

Literary works; Musical works; Dramatic works; Pantomimes and choreographic works;Pictorial, graphic, and sculptural works; Motion pictures and other audiovisual works; Sound recordings; and Architectural works

Merger doctrine

when the subject mater of a work is so narrow and straightforward, that there are a limited number of ways to express it, then there may no copyright in any one from of expressing it. This will give de facto monopoly if copyrightable.

Idea/expression dichotomy

• § 102(b): The copyright will not extend to "any ideas, procedure, process, system, method of operation, concept, principle or discovery" contained in a work of authorship, regardless of how it is expressed or explained. The copyright will only extend to the author's original expression.