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Category: Works similarity

Originality remains the sine qua non of copyright, no author may copyright his ideas or the facts he narrates

The musical Jersey Boys depicts the history of a popular musical quartet, the Four Seasons (“the Band”), from its origins in Belleville, New Jersey, in the 1950s, to the Band’s induction into the Rock and Roll Hall of Fame in 1990. In the late 1980s, Band member Tommy DeVito partnered with Rex Woodard to write a book telling “the whole story” of The Four Seasons. The result of this partnership was an autobiography of DeVito (“the Work”), ghostwritten by Woodard and completed before the Play was developed.

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No substantial similarity between tv shows Empire and Cream

Clayton Prince Tanksley is an actor and producer. In 2005, Tanksley wrote, produced, directed, filmed, starred in, and copyrighted three episodes of Cream, a show about an African-American record executive who runs his own hip-hop label. In 2008, Tanksley participated in an event called the Philly Pitch hosted by the Greater Philadelphia Film Office.

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If the complaint is insufficient as to only the registration ground, if shouldn’t be dismissed with prejudice

In August 2013, Ricky Martin and Sony… claimed that they were sponsors” of and advertised the “SuperSong” contest. The contest was a competition; each participant was required to compose a song with lyrics in English, Portuguese, or Spanish. The participants were required to submit their songs in “video format showcasing the performance of the composer” by January 6, 2014.

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If copyright “is not capable of ‘existing independently’ as a work of art, it is not protectable under copyright law

Lanard makes and sells the “Lanard Chalk Pencil,” which is a toy chalk holder designed to look like a pencil. Lanard owns Design Patent, which contains five figures showing a pencil-shaped chalk holder from different angles. Lanard also owns copyright Reg. for a work entitled “Pencil/Chalk Holder.”

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A claim concerning mainly ownership accrues only once

This case concerns the alleged copyright infringement of a lightning storm graphic that originally appeared on the guitar of Darrell Abbott, late guitarist of the heavy-metal band Pantera.

Buddy Webster is a guitar maker and technician who goes by the name “Buddy Blaze.” In 1985, he modified a Dean ML guitar, produced by Dean, and paid someone to paint a lightning storm graphic on the guitar. In 1987, Webster gave the guitar to his friend Darrell Abbott.

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Not every comic book, television, or motion picture character is entitled to copyright protection

Daniels is an expert on children’s emotional intelligence and development. She designed and promoted initiatives that help children cope with strong emotions like loss and trauma. The Moodsters were devised as a commercial application of this work. Daniels hired a team to produce and develop her idea under the umbrella of her new company, The Moodsters Company.

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Copyright in technical report

Can technical report be protected by copyright? For example the Russian courts believe it can be. But unlike the USA or UK copyright law system for the Russian copyright system it was important the presence of creativity rather then originality. So, under the Russian copyright law it was necessary for the subject matter to be created with creativity, the originality was not so important for protection by copyright.

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There is no copyright infringement in similarity caused by nature

GAME Duck

In 1988, Eric Schechter started GAME. At the time, GAME was focused on conducting fundraising activities. The fundraising concept was for individuals to “adopt” a small toy duck and then all the ducks would “race” on a waterway, such as the Salt River Canal or in New York Harbor. The person who had adopted the duck that finished first would win “a new car or prizes,” which had been donated. The sponsoring organization would then retain all the “adoption” fees.

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How to choose between actual or statutory damages – simply inform the court

When Robert Smith (aka Bigg Robb) recorded his song Looking for a Country Girl, he probably was not looking for a legal battle, too. But Bernard Thomas (aka Bishop Bullwinkle) copied the beat from Smith’s song to make a new one – called Hell 2 Da Naw Naw – and suddenly became famous. Understandably upset at his work being copied, Smith informed Thomas of the issue and attempted to negotiate a resolution. When that failed, he sued and won.

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Russian writer believes Smeshariki (Kikoroki) are plagiarized from his works

One Russian writer has sued the creators of cartoons Smeshariki (Kukoriki) – popular Russian cartoon serial – for plagiarism. He believes the screenplays for certain series have been plagiarized from his literary works. And he knew it thanks to Siberian scientists. They have developed new system “anti-plagiarism” which revealed multiple rip off in cartoons.

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