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
Patent Copyright
TrademarkFunctionality
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?
• 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?