Quick Cases Flashcards
Bleistein (originality)
aesthetic neutrality
Feist (originality)
“the threshold for creativity is extremely low,”
Mannion (originality)
3 sources of originality in photographs: rendition, timing, creation of scene/subject matter
Baker v. Selden (ideas v. expressions)
blank forms not copyrightable
Nichols (ideas v. expressions)
copyright of literature not limited to literal text, but tropes (eg forbidden love) are unprotectable ideas
uses the abstraction test: Every work can be abstracted on several levels of generality, and at some level lies the boundary between idea and expression.
Aalmuhammed (multiple authors)
a person claiming to be a joint author must prove that all parties intended the work to be a joint work
objective manifestations of intent to be co-authors
Creative Non-Violence (works for hire)
a work created at the behest of another is not a work for hire unless the author is an employee
(or unless an independent contractor)
Hoehling (fairness & personality - nonfiction)
interpretations of historical events not copyrightable
Lotus (subject matter of copyright)
a computer menu hierarchy is not copyrightable
1st cir, affirmed by an equally divided S. Ct.
Acuff-Rose (fair use)
purpose & character elements:
- nature of copyrighted work
- D’s commercial purpose
- amount of copyrighted work used
- impact on market for P’s work
Steinberg (probative & substantial similarity)
comes close to saying style can be copyrighted
“a visual image that would be recognized as having been appropriated from a copyrighted work” infringes
Castle Rock (derivative works)
the Seinfeld case
a derivative work (quiz book) in a different medium (book v tv show) can still be substantially similar as to infringe
Acuff-Rose (fair use)
commerciality not decisive in fair use purpose & character analysis
Castle Rock (fair use)
the Seinfeld case
the lack of a transformative purpose can “overshadow the other factors of the [fair use] analysis”
also
“the quiz book substitutes for the derivative market that the copyright holder could have developed.”
Martin v. Indianapolis (moral rights)
A work is of “recognized stature” for purposes of VARA protection if it
1) has merit or intrinsic work
2) is recognized by art experts, members of artistic community, or members of society
