|Authored by: Anonymous on Friday, July 05 2013 @ 12:21 PM EDT|
|Interesting point about typefaces.|
You cannot claim copyright on the design, but you can claim copyright on the
font file produced when a complete font is created.
For example, you could not copyright an 'i' with a little heart above it as
beloved by any female under 15.
But you can design a whole font with heart decorations when you create it.
I guess there is something about being minimally creative that would preclude
too many other expressions.
An interesting analogy would be a Musician that claimed copyright on the note
Or an artist who painted a canvas completely blue.
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|Authored by: Anonymous on Friday, July 05 2013 @ 02:40 PM EDT|
Caveat: All my humble opinions of course. Opinions which could help explain
why the Courts rule the way they do.
The concept I'm about to outline I
feel applies equally to both patent and copyright protections. In the case of
Copyright the element in consideration is the expression. In the case of
patents the element in consideration would be the
To be able to claim the protection you have to be
able to identify what the creative element is. If you can not identify the
creative element - then protection is unwarranted. Once the creative element is
identified, then the protection can be applied to that element and only that
Is there creativity involved in providing a list of facts
ordered alphabetically? I'd say no. One should understand the alphabet in
Grade 1 and one should be able to lookup words in the Dictonary (which is
arranged alphabetically) by grade 2.
For an adult to claim there's some
kind of creative element applied to a list of facts order alphabetically (the
basic phone book) - well... does that adult really want the rest of us to view
the individual has a lower intelligence then a child in grade 2?
recipe can certainly be creativity or original
Are you talking
about the expression of the idea or the idea itself? If you are talking about
the expression of the idea (the idea being the new recipe that produces the new
delectable dish) then I have to disagree. There's nothing creative in the
expression of listing out the specific ingredients.
If you are talking
about the idea itself (the development and existence of the new dish) then I
would agree that there may very well be creativity involved.
copyright doesn't protect the idea. It only protects the particular expression
of an idea. The exchange is immediate dissemination of the idea to the public
for receiving a limited monopoly on the expression.
The idea of
Rock-n-roll was not protectable by Copyright. The song created under the
musical expression of Rock-n-roll called "Blue Suede Shoes" is appropriate to
receive copyright protection.
So... you feel basic (facts only) recipes
should warrant copyright protection. My question:
What is the creative
element in the expression of that recipe?
You could say the "Image of the
finished product" but then you'd merely be outlining what the Court has already
Copyright protection may, however, extend to substantial
literary expression — a description, explanation, or illustration, for
example — that accompanies a recipe
So... on a basic recipe - just
a list of facts (ingredients, the preperation steps): what is the creative
If no creative element exists in the expression, then it doesn't
qualify for copyright protection.
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