Copyright Notes
CopyrightX, Section C2: Course Review 1. Week One Review: Copyright Fundamentals a. Originality i. Requirements 1. A modicum of creativity 2. Independent creation ii. Not required 3. Novelty 4. Intent 5. Aesthetic 6. Lawful iii. Examples: 7. Sources of originality for a photograph (Mannion): a. Composition/subject matter b. Rendition (lighting, filters, lens, etc.) c. Timing 8. Not enough for originality: d. Photograph of public domain painting e. Simple alphabetical organization (Feist) b. Idea/Expression iv. Statutory basis 9. 17 USC 102 (A)(1-8): Protectable categories of works of authorship 10. 17 USC 102 (B): “In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery...” v. Examples of un-protectable ideas 11. Historical facts 12. Scenes-a-faire (Nichols test) 13. Items traceable to common sources, the public domain, folk custom vi. Application: determining infringement (Nichols, Haley) 14. Step one: remove uncopyrightable elements 15. Step two: compare copyrightable elements c. Yesterday’s talk: “The Interests of Authors”
2. Week Two Review: Theories of Copyright d. Fairness vii. Labor Desert (John Locke, Second Treatise, Chapter 5) 16. Generative vignette: man finds piece of earth uncultivated and unowned (“held in common”), and ‘breaks it out’, plants crops, the person has then acquired natural property right, mixed labor with it so now owns it as a natural right as a matter of natural justice it’s fair for him to own the tract 17.
2. Week Two Review: Theories of Copyright d. Fairness vii. Labor Desert (John Locke, Second Treatise, Chapter 5) 16. Generative vignette: man finds piece of earth uncultivated and unowned (“held in common”), and ‘breaks it out’, plants crops, the person has then acquired natural property right, mixed labor with it so now owns it as a natural right as a matter of natural justice it’s fair for him to own the tract 17.