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A difficulty posed by the idea-expression distinction is that "[n]obody has ever been able to fix that boundary, and nobody ever can", as Judge Learned Hand wrote for the Second Circuit Court of Appeals in 1930's Nichols v. Universal Pictures Corp., holding that while a fictional character can be copyrighted, it must be well-developed. [24]
The term can be found used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown, in which Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property, the labors of the mind, productions and interests are as much a man's own ... as the wheat he cultivates, or the ...
These non-literal aspects, however, can be protected only "to the extent that they incorporate authorship in programmer's expression of original ideas, as distinguished from the ideas themselves." [ 10 ] In Computer Associates vs Altai , the Second Circuit proposed the Abstraction-Filtration-Comparison test for identifying these protected elements.
The basic right when a work is protected by copyright is that the holder may determine and decide how and under what conditions the protected work may be used by others. This includes the right to decide to distribute the work for free. This part of copyright is often overseen.
Reasonable people can disagree about where the unprotectable "idea" ends and the protectable "expression" begins. As Judge Learned Hand put it, "Obviously, no principle can be stated as to when an imitator has gone beyond copying the 'idea,' and has borrowed its 'expression.' Decisions must therefore inevitably be ad hoc."
Intellectual freedom encompasses many areas including issues of academic freedom, Internet filtering, and censorship. [4] Because proponents of intellectual freedom value an individual's right to choose informational concepts and media to formulate thought and opinion without repercussion, restrictions to access and barriers to privacy of information constitute intellectual freedom issues.
Infringement includes literal infringement of a patent, meaning they are performing a prohibited act that is protected against by the patent. There is also the Doctrine of Equivalents. This doctrine protects from someone creating a product that is basically, by all rights, the same product that is protected with just a few modifications. [60]
However, according to law professor Susy Frankel, case law supports a low threshold of originality, so arguments could be made that such recordings can be copyrighted because placing and operating a video camera involves "skill, judgement, and labour". She states that it's also possible that security camera films would not meet the threshold ...
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