Re: Amicus Brief in Satava v. Lowry

On Tue, 30 Sep 2003 4:57pm, Ralph D. Clifford wrote:
> The amicus brief in support of cert. in Satava v. Lowry has been
> posted at http://www.snesl.edu/clifford/satava/brief.pdf.

Here are a few notable quotes:
"Effectively, the Ninth Circuit's standard in dealing with realistic art discounts entirely the amount of intellectual labor needed to render a natural scene in an expression"

In fact. "sweat of the brow" has never been a consideration in whether or not a work demands copyright protection.

"If the Ninth Circuit's test is accurate, then works such as the petitioner's -- or even works so clearly creative as John Audubon's _Birds of Merica_ -- would no longer be copyrightable."

Whis is an absurd misapplication of the articulated rule. The rule means that Audubon does not deserve a copyright on all realistic portrayals of birds in habitat while clearly protecting an actual work from mechanical reproduction.

Roy Murphy \ CSpice: A Mailing List for Clergy Spouses murphy@panix.com \ http://www.panix.com/~murphy/CSpice.html Received on Wed Oct 01 2003 - 20:15:10 GMT