Get Copyright Law and a Brief Look at the Google Library Project PDF

By Brett D. Rhodes

ISBN-10: 1612098894

ISBN-13: 9781612098890

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Additional resources for Copyright Law and a Brief Look at the Google Library Project (Laws and Legislation Series)

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Stein,108 it was widely assumed that protection for the design of useful articles had to be secured through the design-patent law—which requires that the design be ―novel‖ and ―unobvious‖—and that copyright protection was not available. In Mazer, the Court held that copyright protection could be extended to sculptural figures that were used as bases for lamps. Gorman and Kenneth W. Gemmill long as the statues embodied originality, copyright was not displaced by virtue of the potential availability of design-patent protection or by the fact that the design was embodied in a useful article that was mass-produced and merchandised commercially.

Government and would thus be ineligible for copyright protection. No express provision of the Copyright Act similarly consigns to the public domain works prepared by employees of state and local governments. In 1888, however, the Supreme Court in Banks v. Manchester131 held that state judicial opinions are ineligible for federal copyright protection because state judges are paid with public funds (the implication being that the Copyright Law: Second Edition 31 public is therefore the owner), and because, as a matter of policy, the public interest is served by free access to the law by persons expected to conform their conduct to it (a ―due process‖ rationale).

Section 106A(e) (2) expressly provides for this fragmentation of rights. A dozen states have enacted similar ―moral rights‖ statutes for the protection of artists; most of these laws are broader in both subject- matter coverage and substantive rights than the federal Act. ‖ In any event, section 301(f) expressly saves state rights that extend beyond the life of the artist. Pictorial and Literary Characters Owners of copyright in literary or pictorial stories have on occasion attempted to assert an exclusive right to the characters depicted therein.

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Copyright Law and a Brief Look at the Google Library Project (Laws and Legislation Series) by Brett D. Rhodes


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