Entertainment research group p made and manufactured

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The Legal Environment of Business: Text and Cases
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Chapter 8 / Exercise 2
The Legal Environment of Business: Text and Cases
Cross/Miller
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11.Entertainment Research Group: P made and manufactured costumesbased on 2D cartoon characters (P had to make 2D into 3D, make decisions on textiles, change the faces someone of the 2D characters)a.Court said that the fact that the P’s costumes were of other copyrighted work and § 103(b)says that the copyright of the derivative work is not to affect the copyright of the original work
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The Legal Environment of Business: Text and Cases
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Chapter 8 / Exercise 2
The Legal Environment of Business: Text and Cases
Cross/Miller
Expert Verified
Copyright Law OutlineMarta R. VanegasFall 2009b.This means that whatever happens to the copyright of the derivative work does not affect the copyright of the original work i.Kurtz thinks that the focus on § 103(b)is odd (and incorrect) b/c it doesn’t deal with enforcement of copyrightsc.HELD: Costumes are not sufficiently original to protectM. Protectability & Infringement1.A work can be original enough for protection but nevertheless be similar enough to infringe2.§ 103(a)denies protection for work that used protectable work unlawfullya.Ex: a compilation that uses 1 poem unlawfully is protectable minus the 1 poemb.But, when the new work is based entirely off of the unlawful element, then all protection is lost (Anderson v. Stallone)3.Indirect copying is still copying 4.3 issues in a derivative work case:a.Originality:is B’s work sufficiently original from A’s workb.Infringement:B can have a work that is original enough to protect but still be sufficiently similar to A’s that makes it infringing (infringement even w/ originality)c.§ 103(a):works can be sufficiently original but infringingN.Compliations: a selection of putting together preexisting works/ideas1.Under the 1909 Act there was a sweat of the brow theory for protecting work…not any more2.Feist v. RuralPublications(SCOTUS 1991) → the constitutional language presupposes a degree of originality. Can’t substitute originality w/ hard work. Thin protection for directories…only for original arrangement (not alphabetical)a.Facts can’t be protected but compilations of facts can be protected if there is original selection and arrangement and there will only be infringement if there is copying of the original selection and arrangement 3.CCC Red BookCase: must protect guides and redbooks to keep incentive to create them (redbook is an opinion of “best”)4.West v. Lexis: noting pg. numbers is not copying cases5.Bender Case: page breaks are not originala.Case summaries and head notes are protected b.But, addition of text to the facts of the case is more questionable…courts said that there are a limited number of useful information to include26
Copyright Law OutlineMarta R. VanegasFall 2009O.DatabaseProtection:

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