INTRODUCTION TO INTELLECTUAL PROPERTY LAW Copyrightable Subject Matter Monday October

What are the 2 Requirements for Copyrightability?

1. Originality 2. Fixation in a tangible medium

Copyrightable Subject Matter “Writing of an author” Includes categories in s. 102 (you should be familiar with them all) What would not be copyrightable subject matter?

Idea/Expression Dichotomy Merger doctrine – where there are only limited ways to express the idea, then the idea merges with its expression so the work is not copyrightable

Copyrightability of a Compilation Can a compilation of facts (like a phone book or computer database or map or a greeting card) be protected by copyright?

Literary Works Is copyrightability of a literary work limited to its text? Literary works include computer programs (to the extent they are copyrightability expression)

Characters Can characters (like James Bond or Superman) be copyrightable outside a literary or pictorial work?

Slogans Are simple slogans, titles or names copyrightable?

Pictorial, Graphic and Sculprual Works: Copyrightability of Useful Articles According to the Second Circuit, was the Brandir Ribbon bicycle rack copyrightable? Why or why not?

Architectural Works Is the Guggenheim museum protected by copyright? Is this law school building protected by copyright Can you take a picture of the law school without violating copyright law?

Choregraphic Works Problem 4-11 p. 370 Is Kurt’s “patented move” (the “klutz” copyrightable?

Music What’s the difference between a MUSICAL WORK and a SOUND RECORDING?

Derivative Work What is an example of a derivative work? See s. 103(b) To what extent is a derivative work copyrightable?

Next Time We’ll consider the question of ownership’ Remember that class is short (only until 5) when we will attend a presentation by two patent judges in Room 204