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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Received on Wed Oct 01 2003 - 22:35:25 GMT
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