By Brett D. Rhodes
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Additional info for Copyright Law and a Brief Look at the Google Library Project (Laws and Legislation Series)
Beardsley,52 in which the claim of copyright was in the text of a set of legal and business documents—a bond that had been drafted so as to cover the replacement of lost securities, along with an affidavit, a contract form, and a form of letter and board resolutions. The Court of Appeals for the Second Circuit held that the language of the forms was copyrightable because the forms were not blank as in Baker; but the court also held that because use of the forms necessitated copying them essentially verbatim, such copying would be permitted in order that the underlying business and legal ―system‖ not be monopolized by way of copyright.
The copier had used Snyder‘s plastic bank as a model for its own, and had not copied directly from the public domain bank. 94 A similar demanding approach was used by the Court of Appeals for the Seventh Circuit, in Gracen v. Bradford Exchange,95 in which an authorized drawing of the Dorothy (Judy Garland) character from the motion picture film The Wizard of Oz was found to lack sufficient creativity, even though it had been chosen as a contest winner. ‖96 That is, the creator of a nearly exact derivative work, if given a copyright, could threaten litigation that would chill legitimate recourse by others to the underlying work.
Whether expressed in so-called ―source code‖ (written and read by a human being) or ―object code‖ (the string of ones and zeroes meant to operate the circuitry of a computer), a computer program may embody sufficient creativity as to justify copyright. 63 Baker, however, teaches that copyright protection for computer programs and related materials should be accorded with an eye toward allowing the use of the program‘s underlying principles. There is indeed an obvious facial tension between the definition of a computer program, intended to fall within the subject matter of copyright, and the mandate of section 102(b) that ―methods of operation‖ shall not be given copyright protection.
Copyright Law and a Brief Look at the Google Library Project (Laws and Legislation Series) by Brett D. Rhodes