On Fri, 30 May 1997, Stuart Williams <stuwilliams[_at_]usa.net> wrote:
>
> It involves a brochure / order form that was (actually) copied from
> a competitor, in which the most clearly copied portion is the order
> form & instructions, but that portion seems to be virtually
> prescribed by what is needed for ordering this product.
First place you should probably look is the regulation itself, under material that is *not* subject to copyright:
"Blank forms, such as time cards, graph paper, account books, diaries, bank checks, scorecards, address books, report forms, order forms and the like, which are designed for recording information and do not in themselves convey information."
37 CFR 202.1(c).
Second, you should note the method of operation exception in 102(b).
> There are some landmark cases in this area, are there not? Which
> cases should I look up?
Baker v. Selden.
Morrissey v. Proctor & Gamble.
Bibbero Systems v. Colwell Systems.
Continental Casualty v. Beardsley.
> What is this sort of thing called?
Blank forms rule. Text with forms exception.
Your focus should probably be on the last part of the regulation in 202.1. The more ordinary the form, the less information it conveys to the form recipient, the less likely it will be copyrightable. The more explanatory and complex the text it contains, the more likely that component of the form would be copyrightable.
For example, there are only so many ways for a form to ask your name, address, and phone number. On the other hand, if what the form is attempting to discover requires significantly more elaborate explanation, that textual explanation might be copyrightable. You will find, though, that because even forms that are arguably copyrightable provide only a thin copyright, if you get past the subject matter hurdle, infringement is even more difficult with literal copying being possibly required. All of this relates to text. If there are graphics (other than things like check boxes and other rather stock forms graphics) on the form, those might be copyrightable as expressive elements.
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