STUDENT 1 BJ
DB Forum 2
For a work to be copyrighted it must be original, a work of an authorship, and fixed in a tangible form of
expression. In order for a work to be considered an original, it must have been independently created
and must possess a modicum of creativity. The requirement is the material must be an independent
product of the author and not merely some copy or minimal variation of existing work. Deborah E.
Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets,
Section 10-2, (5th ed. 2018). Works of authorship is fixed in any tangible medium of expression, now
known or hereafter developed, from which they can be perceived, reproduced, and otherwise
communicated, either directly or with the aid of a machine. 17 U.S.C. § 102. Id. at Section 10-4. A work
is “fixed” when it is embodied in a copy or phonorecord and is sufficiently permanent or stable to permit
it to be perceived, reproduced, or communicated for a period of more than transitory duration. 17 U.S.C
§ 101. Id. at Section 10-3. One famous case held that the rolls of music for a player piano were not
subject to copyright protection because they could not be read by humans as sheet music could. White-
Smith Music Publ’g Co v. Apollo Co., 209 U.S. 1 (1908). Id. at Section 10-3. There are two categories
that are considered fixed, copies and phonorecords. Examples of copies are books or movies and
examples of phonorecords are CD’s and records.
Based on that, would the following be copyrightable?
The lyrics to the hymn “Amazing Grace”: Yes
The dance steps to the hit song “YMCA”: Yes
The slogan for Nike, “Just do it.”: No
An app that you download to your smartphone or tablet: No
The United States Code, in print form: No
A blueprint design to a new building: Yes
An idea for a new movie: No
I think the federal copyright laws comport with Biblical principles. Copyright laws protect the creator and
we have a duty to ensure that if we want to enjoy those creations then we owe them credit for it.
Otherwise, we would be taking advantage of each other. The wealthy would take over the pieces of
work from the lower class, and the creators would have their rights to their own work taken away from
them. Give to everyone what you owe them: If you owe taxes, pay taxes; if revenue, then revenue; if
respect, then respect; if honor, then honor. Romans 13:7, (New International Version).
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STUDENT 2 KAB
Discussion Board: Copyright
The Patent and Copyright Clause of the Constitution of the United States of America at Article 1, Section
8, is the basis of copyright law in America. The clause reads that Congress should have the authority to
legislate laws "to promote the progress of science and useful arts, by securing for limited times to
authors and inventors the exclusive rights to their respective writings and discoveries." The very first
law that was passed in reference to this clause was the Copyright Act of 1790.
Up until the federal Copyright Act of 1976 (Title 17 U.S. Code §§ 101 - 1401 (Copyrights)) became law
on January 1, 1978, the only requirement for an American writer or artist to copyright their works that
they had not yet published was to make a public affirmation that the work was yours. I remember when
I was growing up, my Uncle Fred who always wrote and sang songs, would print his songs out, put them
into a sealed envelope, sign the back of it, and then mail them to himself. He told me that the date of
the postmark was the date of his perpetual copyright on a particular song.
But, once you distribute your work for profit to the general public, the second component of the then
prevalent copyright law was for the American to pay the $35 to register your work online with the
USPTO to obtain copyright protection for only 56 years.
The USTPO's Circular #1 lists the nine different broad categories of copyrighted materials to include:
"(1) Literary works; (2) Musical works, including any accompanying words; (3) Dramatic works, including
any accompanying music; (4) Pantomimes and choreographic works; (5) Pictorial, graphic, and
sculptural works; (7) Motion pictures and other audiovisual works; (8) Sound recordings, which are
works that result from the fixation of a series of musical, spoken, or other sounds; and (9) Architectural
works." It also listed, generally, what cannot be copyrighted as: "(1) Ideas, procedures, methods,
systems, processes, concepts, principles, or discoveries; (2) Works that are not fixed in a tangible form
(such as a choreographic work that has not been notated or recorded or an improvisational speech that
has not been written down); (3) Titles, names, short phrases, and slogans; (4) Familiar symbols or
designs; (5) Mere variations of typographic ornamentation, lettering, or coloring; and (6) Mere listings of
ingredients or contents."
Additionally, there are three minimum criteria to go a work registered are (1) originality, (2) creativity,
and (3) fixation.
Originality means that the work must be something new that must have been created independent of all
other existing creations, and not merely copied. Creativity means that the work must demonstrate a
very small amount of ingenuity. Fixation means that it must be a tangible piece of artwork.
Based on these requirements,
the lyrics to the hymn “Amazing Grace” are copyrightable;
the dance steps to the hit song “YMCA” are not copyrightable;
the slogan for Nike, “Just do it” is not copyrightable;
an app that you download to your smartphone or tablet is copyrightable;
the United States Code, in print form, is copyrightable;
a blueprint design to a new building is copyrightable; and
an idea for a new movie, is not copyrightable.
REFERENCES
Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade
Secrets, 5th Ed., 2016, available at https://learn.liberty.edu/webapps/bbgs-mindlinks-B...
Running head: RESPONSES 1
RESPONSES
By
[Student Name]
[Course Name]
[Professor Name]
[Institution Name]
Date:
RESPONSES 2
Responses 1
I agree with the stated fact that copyright content should not be used. Instead, they should
go for authorship and originality. The uniqueness barrier is a property notion used to determine
whether a work may be trademarked. It is used to differentiate from those which are not works that
are unique enough to secure copyrights. "Uniqueness" in this case refers to "coming even someone
as the sole possessor" (as long as it somehow represents the characteristics of the writer) rather
than "never before" Copyright is included in the Geneva Conventions, which lays the foundations
for various principles of international copyright protection. However, the barrier to collecting
rights is not established. This level is to be determined by each municipality. Works not complying
with this level cannot be copyrighted but may still be protected by other cultural domain rights
such as marks or design patents. No measurable minimal quantity of material is necessary to
include work under Copyright. (Breyer, 2017) The Patent Act sets forth just two copyright
specifications: original composition ("originality") and fixing. "Unique" indicates a work made by
"mental effort." Therefore "uniqueness" does not just need the author not to copy the work from
another, but "at least a certain level of ingenuity."
Responses 2
Thank you for the precious contribution, and I agree with the stated fact that Article 1,
Article 8, the Patents and Property Clause of the United States constitution of America, forms the
cornerstone of American copyright law. The section states that Parliament should have the ability
to act "to encourage the advancement of research and the useful arts by safeguarding the unique
right of writers and innovators to their individual works and discoveries for a limited period."
"Originality" is a fundamental prerequisite for copyright application while being expressly
declared in law only when the 1976 Copyright Act was introduced. (Netanel, 2016)The U.S.
RESPONSES 3
Supreme Court has clarified in Feist Articles, Inc. c. Riga Provider that the uniqueness
requirements are not specific and consist of two elements: the author has individually formed the
work (in contrast to copies of other works) and at least has a small amount of expertise. A work
meets the criteria of "amateur filmmaker" so long as it is not physically taken from another, even
if it happens to be identical to existing work. The "creative thinking" aspect establishes a shallow
threshold, which may be readily passed. It simply demands a work to be original, no matter how
basic, modest or evident.
RESPONSES 4
References
Breyer, S., 2017. The uneasy case for copyright: a study of copyright in books, photocopies, and
computer programs. Harvard law review, pp.281-351.
Netanel, N.W., 2016. Copyright and a democratic civil society. Yale Lj, 106, p.283.
