Understanding the Elements of a Copyright Infringement Claim
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Copyright cases require plaintiffs to prove specific elements to establish a valid claim. Understanding these requirements is necessary for both copyright holders seeking to protect their work and...
Understanding the Selection-and-Arrangement Theory in Copyright Law
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Introduction In copyright infringement cases, courts must determine whether one work impermissibly copies another’s protected expression. While the widely used “extrinsic test” focuses on comparing...
Note on the Useful Articles Doctrine in Copyright
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Copyright law broadly protects creative works and the human endeavors required to create an original work of authorship. However, creativity should not be confused with utility. A dictionary...
No Fair Use for Internet Archive’s Digital Library
On September 4, 2024, the Court of Appeals for the Second Circuit decided Hachette Book Group, Inc. v. Internet Archive, denying the online digital repository’s ability to copy and distribute...
9th Circuit Serves Up Blurred Lines of Copyright Protection for Musical Works
On March 21, 2018, the Court of Appeals for the Ninth Circuit ruled in a split decision in Williams v. Gaye, that the Estate of Marvin Gaye was entitled to broad copyright protection over Gaye’s 1977...
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