Copyright Law Boston College Law School January 16, 2003 Requirements - Idea/Expression

Originality 17 U.S.C. § 102 –“(a) Copyright protection subsists,… in original works of authorship fixed in a tangible medium of expression, …. –“(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system … or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work”

Baker v. Selden

Idea/expression doctrine –Copyright law protects expression, not ideas –Ideas, methods, etc. are subject to patent Merger doctrine –Where only one or a few ways to express an idea, not copyrightable –Otherwise, effectively grants protection to idea

Copyright, Patent, Trademark PatentCopyright Trademark Functionality Doctrine Idea / Expression & Useful Article Doctries

Cookbook Hypo Elements of cookbook –List of ingredients –Description of specific steps –Pictures illustrating techniques –Pictures of finished dishes –Description of history of dishes

What is the idea? –Story about wizarding school –Story about wizarding school with orphan hero –Story about wizarding school with orphan hero and spunky group of friends –Story about wizarding school with orphan hero and spunky group of friends and friendly headmaster, fighting evil wizard

When is there merger? Morrissey –Entrants should print name, address and social security number on boxtop, or a plain paper. –Entries must be accompanied by … boxtop or by plain paper on which the name … is copied from any source. P&G –Entrants should print name, address and Social Security number on a Tide boxtop, or on plain paper. –Entries must be accompanied by Tide boxtop (any size) or by plain paper on which the name “Tide” is copied from any source.

Video Game Hypo What is the idea? –Hand to hand combat game –Hand to hand martial arts combat game –Hand to hand martial arts combat game with side view –Hand to hand martial arts combat game with side view and changing backgrounds –Hand to hand martial arts combat game with side view, changing backgrounds, power bars, special moves,...

Bee Pin Hypo What is the idea? –Insect pin –Bee pin –Bee pin made of gold –Bee pin made of gold and jewels –Bee pin made of gold and white/blue jewels –Bee pin made of gold and white/blue jewels in a certain arrangement

CCC v. MacLean Scope of decision? –Publication of single valuation? –Consumer reports ratings, movie ratings, restaurant ratings?

Assignment for Next Class Read III.A.1 & 2 - Works of Authorship