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   How much change is needed?
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   Author  Topic: How much change is needed?  (Read 2242 times)
Dave41
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Posts: 33
Re: How much change is needed?
« Reply #10 on: Apr 13th, 2004, 11:56am »
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Here's a link http://www.law.cornell.edu/copyright/cases/663_FSupp_706.htm
I would disagree that this decision indicates the system is broken. I think there is obvious similarity between the two works.  
The defendant also admitted to referencing the original work which certainly hurt its case (case was decided on a summary judgment motion).
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nobody
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Posts: 107
Re: How much change is needed?
« Reply #11 on: Apr 15th, 2004, 8:14am »
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Didn't know that he admitted direct copying. And I was looking at the wrong picture for comparison when I wrote that. Even so, why should style, look, feel, mood, etc, be considered protected, they are only ideas. If you look across mediums of expression (software, art, music, etc.) courts seem to have trouble developing a consistent standard.
 
Ask 100 college graduates if they believe touchy-feely concepts such as "style" should be protected apart from the work as a whole, for 95 years, and only lawyers and people recently infringed on will say yes.
« Last Edit: Apr 15th, 2004, 8:16am by nobody » IP Logged
Dave41
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Posts: 33
Re: How much change is needed?
« Reply #12 on: Apr 15th, 2004, 10:21am »
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I agee that courts have a difficult time developing a consistent standard. Style, mood, etc. are elements that are often somewhat "subjective" elements.
I think the elements you listed must be considered however. By considering these elements, courts can protect works from second works that try to change just enough to avoid infringement.
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myron joshua
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Re: How much change is needed?
« Reply #13 on: Apr 26th, 2004, 9:57pm »
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The original Steinberg used as a basis (or as a backdrop) in the Movie poster is a different poster than the one linked.
look at
 
http://www.moorsmagazine.com/new%20yorker/newyorkervariaties.html
 
for the original and take-offs based on it.
best  
myron
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