Re: copyrighting of numbers

On Tue, 19 May 1998, Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> An interesting idea. So on this theory, one could pass a database bill
> that protected *only* uncopyrightable databases, but not one that
> protected both copyrightable and uncopyrightable databases. Right?

I don't think so. I think you'd find that the copyright act protected copyrightable aspects, and the pure database act would protect pure database aspects.

This is just another recast of the useful article doctrine. The fact that an article is useful does not mean that it can't embody copyrightable material -- only that the aspects that are inherently utilitarian are not protected by copyright. They could, however, be protected by patent, for example.

--
Terry Carroll       |    "Dreamwerks clearly caters to the  
Santa Clara, CA     |    pocket-protector niche..."
carroll[_at_]tjc.com     |       - Dreamwerks Production Group v. SKG Studio,
Modell delendus est |         case no. 96-55595 (9th Cir. Apr. 21 1998)