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Transcript Class Outline
Copyright Law
Ronald W. Staudt
Class 8
September 24, 2013
Overview for today
Computer Programs
Photographs
Computer Programs
CONTU and the 1976 Act
“A computer program is a set of statements or instructons to
be used directly or indirectly in a computer in order to bring
about a certain result.”
Apple v. Franklin
Object v. source code
Source- C, Fortran, Cobol, Basic
Object- machine instructions
ROM v. floppy fixation
Operating system v. application software
Operating system- Linux, Windows Vista,
Application software- WordPerfect, Word, PowerPoint,
Process, system, method of operation
Idea/expression and merger
Lotus Development
Facts
Decision below
Expression & methods of operation
Identical to Baker?
Method of operation
v. screen display or code
macros and compatibility
Concurring opinion- utility and the
calculus of harm
method of operation or privileged use or
shorter term?
Lotus 1-2-3 Command
Menu
Issues
Mitel v. Iqtel
Can a work have both an unprotected “method of
operation” and protectable expression?
Communications to humans
Recipes and compilers
Keeton and utility
Pictorial, Graphic &
Sculptural Works
Today: Photographs
Mannion v. Coors
Diodato v. Spade
Thursday: The Problem of Applied Art
Mannion Case Photographs
Mannion v. Coors
Facts
Three works: Mannion’s, Comp Board &
Coors Billboard
Prima Facie Case
Ownership of a valid copyright
Copying
Improper Appropriation or Infringing Copying
or substantial similarity between protected
elements of P’s and D’s works
Mannion v. Coors
Protectible Elements of Photographs
Rendition
Contrast Bridgeman and SHL —features of the photo not
sweat- usually photographer’s selection of camera, lens,
lighting, filters, etc. is somewhat original.
Timing
Image, not subject evidences creativity
Creation of the Subject
Koons and Seligman
Compare protected elements of Mannion’s photo
to the Coors Billboard—dissection in the 2nd Cir.
Photography examples
Creation of the Subject
Timing
Page 839
Mannion v. Coors
Idea and Expression in Photographs
Compare the Kaplan photos and state the
idea:
Sense of desperation
Businessman contemplating suicide
First person view of businessman contemplating
suicide by jumping from a building with shoes set
against distant street
Idea in photos= general description of
subject or subject matter
Mannion v. Coors
“Thus another photographer may pose a couple
with eight puppies on a bench, depict a
businessman contemplating a leap from an
office building onto a street, or take a picture of
a black man in white athletic wear and showy
jewelry. In each case, however, there would be
infringement (assuming actual copying and
ownership of a valid copyright) if the subject
and rendition were sufficiently like those in the
copyrighted work.”
Mannion v. Coors- result
“The parties have catalogued at length and in
depth the similarities and differences between
these works. In the last analysis, a reasonable
jury could find substantial similarity either
present or absent. As in Kisch v. Ammirati &
Puris Inc., which presents facts as close to this
case as can be imagined, the images are such
that infringement cannot be ruled out - or in as a matter of law.”
Kisch v Ammirati Puris, Inc
Diodato v. Spade
Facts and Photos
Details that are part of the idea
Scenes a faire
Pose as common and predictable
Handbag as standard or de minimis
Summary Judgment for D- Elements copied
from P’s photograph lack originality!
You