Words like “reverse,” “remand,” and “vacate” meanthat the higher court thought the lower court had it wrong.
What's the rationale behind reversing a decision vs remanding it? Isn't reversing a decision also saying that the lower court had it wrong?
13 Matching Annotations
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download.ssrn.com download.ssrn.com
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opencasebook.org opencasebook.org
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de minimis
of little importance, too small to be considered
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lacks the modicum of creativity necessary to transform mere selection into copyrightable expression
creativity is transformative
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"the existence of . . . intellectual production, of thought, and conception."
i.e., creativity
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These choices as to selection and arrangement, so long as they are made independently by the compiler and entail a minimal degree of creativity, are sufficiently original
So, creative decisions lead to originality of a work...creativity makes something original
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Originality is a constitutional requirement
What's the distinction between originality and creativity? From the way it's used in this opinion it seems like creativity leads to originality...you can't have originality without creativity?
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least some minimal degree of creativity.
Is there an agreed upon legal definition of creativity or is it "I know it when I see it?"
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sine qua non
something necessary, indispensable
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opencasebook.org opencasebook.org
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The copyrightable elements in a sound recording will usually, though not always, involve "authorship" both on the part of the performers whose performance is captured and on the part of the record producer
Does this mean that the performer and the producer hold equal copyright to the entire recording? Or is there a way of separating out what they hold the copyright to?
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The test of separability and independence from "the utilitarian aspects of the article" does not depend upon the nature of the design
So, plans / patterns for something are not copyrightable unless they're for something non-utilitarian? I'm thinking of sewing patterns as an example...are those un-copyrightable since they're utilitarian and more about process than a finished work? Would instructions for them count as expressions of original ideas?
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expression of original ideas
Does creativity = the expression of original ideas? Curious what how creative / creativity is used in a legal sense.
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does not include requirements of novelty, ingenuity, or esthetic merit
so, original does not equal novel, i.e., I could create something that is the same as a preexisting thing, but as long as it's not a copy it would be original
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coextensive
covering the same area/scope
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