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(184) According to decades of appellate opinions interpreting the 1976 Act's useful articles doctrine, the designs should have been categorically uncopyrightable. (185)
because the use of uncopyrightable pacemaker data is not copyright
The charts were consequently uncopyrightable, and the Copyright
1999), considered digital images of artwork uncopyrightable); see also Cooper, supra note 12, at 29 (asserting "digital reproductions are not original works of authorship") (emphasis added); Eric D.
"As a result, they have created successful business models that are based around exploiting the ambiguity in copyright protection by copying uncopyrightable elements of a fashion design, including borrowing shapes and visual elements of a garment, while taking care to avoid logos or specific custom prints."
(105) In Feist, for example, the Court found Rural Telephone's white pages uncopyrightable because the names, towns, and telephone numbers were unprotectable facts, and Rural had not selected or arranged those facts in an original way.
320, 340-41 (2004) (noting how CFAA can protect uncopyrightable information without the limitations of contract law); Maureen A.
Courts sometimes adopt the perspective of the original creator, and sometimes of the alleged infringer, in determining whether seemingly copyrightable expression has become an uncopyrightable idea or functional standard.
to be uncopyrightable. (4) The online technology community praised Judge
And in so doing, they infused their rulings with the same problem that continues to plague the courts today--the misconception that because an idea standing alone is uncopyrightable, it must follow that a person who contributes only ideas cannot be a joint author in a collaborative copyrighted work.
379, 392 (Winter 2015); Tushnet, supra note 34, at 196 ("[N]ames and likenesses are uncopyrightable ....
Such codes and other systematic organizations of information are certainly uncopyrightable if they are dictated by rules or functionality." Id.
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