Ownership

Question 1

Two originality requirements

Answer 1

Independent creation + bare minimum of creativity (Feist)

Question 2

Six not-requirements to originality

Answer 2

1. difficulty/effort (sweat of the brow) - Feist
2. novelty - Sheldon
3. intended originality - Bell
   aesthetic quality - Bleistein
   non-commerciality
   lawfulness - Mitchell

Question 3

Case standing for the aesthetic neutrality principle

Answer 3

Bleistein

Question 4

Case: Inadvertent variations from an original work are sufficient to make a copy copyrightable.

Answer 4

Bell

Question 5

Case: The use of table format for accounting was a method of operation (only way to do it) and not copyrightable.

Answer 5

Baker v Selden

Question 6

Challenges to originality are rare, except in the following medium:

Answer 6

photographs

Question 7

3 ways to establish originality of photographs

Case: Mannion

Answer 7

1. Rendition (angle, lighting, aperture, exposure, filters)
2. Timing (right place, right time)
3. Composition (including creation of subject, but not subject matter generally)

Question 8

If the photograph is original in rendition or timing, copyright protects:

{image, subject, both}?

Answer 8

image, not subject

Question 9

If the photograph is original in creation of the subject, copyright protects:

{image, subject, both}?

Answer 9

both

Question 10

Does a photographer who helped a monkey take selfies have copyright in the monkey’s photos?

Answer 10

no, he didn’t control rendition, timing, or composition of the photos

Case: David Slater

Question 11

What does the originality requirement mean for derivative works?

Answer 11

For a derivative work to meet the originality requirement, the expression in the derivative work must:

1. constitute a “substantial variation” from the original work, and
2. the new artist’s copyright extends only to the material contributed

Question 12

What section tells you that ideas aren’t protectable?

Answer 12

§ 102(b)

“In no case does © protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work”

Question 13

Are ideas, concepts, principles, or theories protectable?

Answer 13

No (eg, Hoehling – historical theories)

Question 14

Are facts/discoveries protectable?

Answer 14

No (eg, Nash)

Question 15

Are procedures, processes, systems, or methods of operation protectable?

Answer 15

No (eg, Lotus — menu hierarchies; recipes; dictionary tabs)

Question 16

Is the selection, arrangement, or presentation of elements protectable?

Answer 16

Yes, unless super obvious or unoriginal (eg, arranging a list alphabetically)

Question 17

Are maps copyrightable?

Answer 17

Not the “facts” presented (locations, place names, geographical features, and even arbitrary symbols), but any creative elements are.