Re: Re: Amicus Brief in Satava v. Lowry

From: Robert F. Bodi <lawlists[_at_]bodi.com>
Date: Wed, 01 Oct 2003 14:35:25 -0400


Further, it is clear that the Ninth circuit did NOT find that the jellyfish sculpture was not copyrightable, but instead merely found that the protection was pretty much limited to exact copying.

-Bodi

>
> 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
>
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<https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Wed Oct 01 2003 - 22:35:25 GMT

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