Copyright Law

Boston College Law School

January 16, 2003

Requirements - Idea/Expression

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

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?

Assignment for Next Class

• Read III.A.1 & 2 - Works of Authorship