Re: brochure / order form

On Sat, 31 May 1997, Bob Stock <bstock[_at_]ucla.edu> wrote:
>
> 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).

Keep in mind, though, that this regulation reflects the Copyright Office's view on what is subject to copyright for effecting a registration. The Copyright Office does not have jurisdiction to make a finding that a work or category of works is subject to copyright.

Typically, in a case involving the copying of a work that contains a form (e.g., the borchure and order form at issue here), the entire work will be registered, and then the claim of infringement brought based on the portion copied, even if it's questionable whether the Copyright Office would have issued a registration to that portion alone.

> > 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.

I would add Kregos v. Associated Press, a "blank forms" case in compilation clothing. It went the opposite of Bibbero.

--
Terry Carroll       | "The invention provides means for continuously
Santa Clara, CA     | trapping sparrows and supplying a cat and 
carroll[_at_]tjc.com     | neighborhood cats with a supply of sparrows."
Modell delenda est  |                - U.S. Patent no. 4,150,505