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Idea Expression Dichotomy - Copyright Law - Lecture Slides, Slides of Law

Alliance UniversityLaw

These are the lecture slides of Copyright Law. Key important points are: Idea Expression Dichotomy, Compilations of Facts, Compilation is Copyrightable, Analyze the Copyrightability, Derivative Works, Fixation Requirement, Constitutional Requirement, Standards for Originality, Idea Expression Dichotomy, Copyright Act Section

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2012/2013

Uploaded on 01/26/2013

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CLASS OUTLINE
•1. Wrap-Up Points
•2. Goals for this class:
–A. To learn about the idea-expression dichotomy
–B. To be able to analyze the copyrightability of
compilations of facts after Feist so that, as lawyers, you
can provide good advice on whether a given
compilation is copyrightable.
– C. To be able to analyze the copyrightability of
derivative works
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Download Idea Expression Dichotomy - Copyright Law - Lecture Slides and more Slides Law in PDF only on Docsity!

CLASS OUTLINE

    1. Wrap-Up Points
    1. Goals for this class:
    • A. To learn about the idea-expression dichotomy
    • B. To be able to analyze the copyrightability of compilations of facts after Feist so that, as lawyers, you can provide good advice on whether a given compilation is copyrightable.
    • C. To be able to analyze the copyrightability of derivative works

Wrap-Up General Trend for

Originality

  • Originality is a constitutional requirement (along with fixation requirement)
  • The originality requirement appears in 17 U.S.C. § 102 “original works of authorship”
  • The courts over the years have progressively lowered both the statutory and constitutional standards for originality.
  • Although Congress did not want the language in §102 to be coextensive with Art. 1 s. 8 cl. 8 of the Constitution, these standards have converged.

Idea-Expression Dichotomy

  • 1976 Copyright Act Section 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,

regardless of the form in which it is

described, explained, illustrated, or

embodied in such work.

The Idea-Expression Dichotomy

  • Remember that this is the third requirement for copyrightability under 17 U.S.C. § 102. See 102(b).
  • An idea can never be copyrightable but its expression will be.
  • This is in Berne (art. 2(8)) – copyright doesn’t apply to “news of the day”.
  • Also in TRIPS (art. 9(2)), WIPO Copyright Treaty Art. 2
  • Easy to understand as a matter of theory; hard to apply in practice
  • Works of history

LABELS/SLOGANS

  • To what extent is the label on my Poland Spring water bottle copyrightable?

How To Distinguish Ideas from

Expression?

This difficult issue is confronted in two cases:

  • Baker v. Selden (1879)
  • American Dental Association v. Delta

Dental Plans Association (7 th^ Cir. 1997)

American Dental Ass’n v. Delta

Dental (7 th^ Cir. 1977) CB 103

  • What did Delta Dental do that allegedly amounted to copyright infringement?
  • How did it differ, if at all, from what Baker did in Baker v. Selden?
  • Was this case correctly decided?

COPYRIGHTABILITY OF

PHONE BOOKS

  • What kind of work is a telephone directory white pages under copyright law?
  • To what extent, if at all, is a telephone directory white pages copyrightable?
  • Does it make any difference if a lot of sweat of the brow has been shed in compiling the white pages?

COLLECTIVE WORKS

  • 17 U.S.C. § 101: A “collective work” is a

work, such as a periodical issue, anthology,

or encyclopedia, in which a number of

contributions, constituting separate and

independent works in themselves, are

assembled into a collective whole.

The Feist Case (1991) CB p 118

  • This is a very significant case: the last word from the U.S. Supreme Court on the copyrightability of compilations.
  • Feist copied Rural’s white pages listing, and Rural sued for copyright infringement.
  • Supreme Court: Essentially what is copyrightable in a factual compilation is the selection, coordination or arrangement of facts, provided this is sufficiently original.
  • Compare Hoehling CB p. 101 – quotes Learned Hand :”there cannot be any such thing as copyright in the order of presentation of the facts, nor, indeed, in their selection” – pre-Feist case