1. COPYRIGHT LAW FALL 2008 PROFESSOR FISCHER THE CATHOLIC UNIVERSITY OF AMERICA Class 8: September 15, 2008

2. Trivia Question Name two Supreme Court justices who, as federal appeals court justices, wrote two of the opinions assigned for today.

3. WRAP-UP: FACTS Copyright law does not protect facts A Copyright Office regulation denies copyright protection to ''[W]orks consisting entirely of information that is common property containing no original authorship, such as, for example: Standard calendars, height and weight charts, tape measures and rulers, schedules of sporting events, and lists of tables taken from public documents or other common sources.” 37 CFR § 202.1(d).

4. WRAP UP: FEIST (1991) [CB p. 112] “Thin” Copyright Protection for compilations – copyright in original selection, arrangement, or coordination of data/preexisting materials (see definition of compilation, s. 103(a) and (b)) Definitively rejects “Sweat of the brow doctrine”

5. Cases After Feist

6. BellSouth Advertising v. Donnelley (11 th Cir. en banc. 1993) [CB p. 149) Describe the reasoning of the lone dissenting judge? Who is right, in your opinion, the majority or the ?

7. What is a Compilation Why was the greeting card in Roth (CB p. 131) protectable as a compilation while the set of signs in Sem-Torq (CB p. 132) was not?

8. Total Concept and Feel: Roth Greeting Cards v. United Card Co. (9 th Cir. 1970) [CB p. 131] Was the greeting card protected as a compilation? Is the total concept and feel test for infringement doctrinally sound?

9. Sem-Torq, Inc. v. K Mart Corp. (6 th Cir. 1991) [CB p. 132] Are either or both of these signs copyrightable? Can they be copyrighted as a compilation? Why or why not?

10. Atari Games Corp. v. Oman (D.C. Cir. 1992) [CB p. 133]

11. T-shirts as compilations? [CB p. 134 hypo 3] Does T-shirt B at p. 135 infringe T-shirt A? Why or why not? Assume T-shirt B was not independently created What is copyrightable about T-shirt A, if anything?

12. Research Short-Cut – celebrity yearbook photos [CB p. 135 hypo 4] Did Maggie Haberman infringe Fred Cantor’s copyright – see hypo at p. 135 She copied 16 photos from the Cantor book She copied captions from the Cantor book

13. Research Short-Cut – celebrity yearbook photos

14. HYPO: FURNITURE DESIGNS [CB p. 134 hypo 1] Can an arrangement of furniture in a showroom be copyrightable? See Baldine v. Furniture Comfort Corp., 956 F. Supp. 580 (M.D.N.C. 1996)

15. Copyright in Case Reports Are judicial decisions copyrightable? What about West’s enhanced case reports? See Matthew Bender & Co. v. West Pub. Co., (2d Cir. 1998) [C p. 135] What about West’s star pagination? See Matthew Bender & Co. v. West Pub. Co. (2d Cir. 1998) [C p. 137] (companion case)

16. CCC Information Services v. Maclean Hunter (2d Cir. 1994) [CB p. 140] Copyrightability of the Automobile Red Book – Official Used Car Valuations Why didn’t the merger doctrine argument succeed?