Whether the unauthorized recreation of aspects of Plaintiff’s photograph to promote the release of a motion picture constitute a fair use of the Copyright?
The four fair use factors should be considered to establish the defence of fair use of a Copyright and to determine the effect of the use on the potential market for the work that is allegedly copied. Parodic purpose and absence of market harm by use of a copyright constitutes as a fair use.
Whether the title of any literary work can be subjected to copyright work?
The Copyright is always granted on all Original literary, artistic, musical or dramatic, cinematograph and sound recording works. Original means that the work must not be copied from anywhere.
Whether the Copyright Term Extension Act (CTEA) violates the U.S. Constitution's Copyright Clause by extending copyright terms from 50 to 70 years after an author's death?
Whether the CTEA's extension of copyright terms, particularly for existing copyrights, violates the First Amendment's guarantee of free speech and expression by limiting public access to creative works?
The CTEA does not exceed Congress's authority under the Copyright Clause of the United States Constitution because the extension is considered "limited”. The Constitution does not prevent the government from taking works out of the public domain. Copyright protection primarily covers expression, not ideas, and permits fair use, which permits the use of copyrighted material limit.
Whether a Trade Secret Misappropriation Suit Can Coexist With a Copyright Violation claim when the misappropriation is Based on the use of Infringing Material?
Can copyright protection be obtained for non-literal software elements such as structure and organization under US law?
Under US law, non-literal portions of software, such as the program's structure, sequencing, and organisation, are protected by copyright. This protection extends beyond the literal lines of code and is determined by the three-step Abstraction-Filtration-Comparison test. This method comprises reviewing the program, removing non-protected components, and comparing the remaining elements to see if there is a strong resemblance for copyright infringement. Moreover, Trade secret misappropriation claims can coexist with copyright infringement claims if additional criteria other than the use of infringing material are included, potentially avoiding pre-emption under the federal Copyright Act.
Whether computer software, specifically an operating system, is protected by copyright under US law?
Whether duplicating another company's software for compatibility purposes, as done by Franklin Computer Corporation, is a breach of copyright law, even if it is necessary for compatibility?
Under the US law, computer software, including operating systems, is eligible for copyright protection. This safeguard guarantees the developer sole ownership of the software's reproduction, distribution, and use. Compatibility concerns do not justify direct copying of software, and such copying may constitute a violation of copyright, regardless of the desire to ensure compatibility.
Whether the film New Delhi is an infringement of the plaintiff's copyright in the play Hum Hindustani?
Whether Respondents or any of them infringed the plaintiff's copyright by producing, distributing, or exhibiting the film New Delhi?
Idea–expression dichotomy is a legal doctrine in the United States that differentiates an idea from the expression of that idea and limits the scope of copyright.
No idea, subject, theme, plot/storyline, or historical or legendary facts can be protected by copyright.
Whether examination papers are ‘literary works’ under the meaning of the Act?
Whether University of London is entitled to the copyright of the examination papers?
The UK Copyright Act of 1911 provides no specific definition of a ‘literary work’, it offers a non-exhaustive list of items that are included within the meaning of literary works. Any written or printed material may be regarded as a literary work for purposes of the Act.
Whether the work of the reporters be considered to be ‘original’?
Whether the reporters could be considered authors concerning copyrights?
According to the Doctrine of Sweat of the Brow, an author acquires rights through diligence and effort while producing a work, such as a database or directory. To obtain copyrights, "originality" is not necessary. Even if work is completely unoriginal, its creator is entitled to compensation under the "sweat of the brow” to protect the efforts.
Whether the usage of the song in the parody constitute “fair use” within the meaning of the Copyright Act of 1976?
For fair use purposes, is the commercial purpose of a work the decisive element of the inquiry into the purpose and character of the work?
For fair use purposes, the commercial purpose of a work is only one element of the inquiry into the purpose and character of the work.
Whether it was fair use to digitally copy entire books from library collections, without permission or payment, and to make the digital copies available for library collections and for the public to search electronically using a search engine?
If an infringer sells copyrighted works for profit without the copyright holder’s consent, it is not fair use.