Perspective
Sep. 23, 2009
How 'Thin' Is Your Copyright?
James Juo of Fulwider Patton LLP says works meeting the bare minimum of creativity may only be protected from virtually identical copying.
COPYRIGHT
By James Juo To be eligible for copyright protection, a work must be "original," which means that it was not copied and it exhibits a minimal amount of creativity. The Supreme Court in Feist Publications v. Rural Telephone Service Co., held that the degree of creativity necessary for copyright protection is "extremely low," so the vast majority of works make the grade quite easily. Several courts have noted that, in practice, the r...For only $95 a month (the price of 2 article purchases)
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