Comments on: 7th Cir opines on originality standard for derivative works

By: Glenn

Glenn — Fri, 09 Sep 2011 18:09:08 +0000

Very interesting… So does this mean that if you photograph a piece of art in Illinois and then, say, use it in a blog post, there is the potential of being found in violation of copyright ??

By: JOLT Digest » Schrock v. Learning Curve Int’l | Harvard Journal of Law & Technology

Sun, 15 Nov 2009 16:12:49 +0000

[...] Exclusive Rights Blog provides an overview of the case. Rebecca Tushnet’s 43(B)log criticizes the circuit court for [...]

By: C.T.

C.T. — Mon, 09 Nov 2009 16:07:24 +0000

Thanks for this post. It seems like the issue of requisite originality is becoming increasingly litigated, and, perhaps, ripe for Supreme Court review. Another recent case on the issue is Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc., et al. 528 F.3d 1258 (10th Cir. 2008). There is a lot of tension between the 10th Circuit’s decision in Meshwerks and the 7th Circuits recent decision in Schrock. Indeed, the fact patterns between the two cases are extremely similar, with a plaintiff suing a company for the continued use of their work for promotional purposes. In Meshwerks the work at issue was a three-dimensional, digital wire frame rendering of a Toyota. The 10th Circuit, questionably in my opinion, held that the digital model was not sufficiently original to warrant copyright protection.