The Threshold Of Copyright Protection After American Airlines
Law360 (February 26, 2018, 2:17 PM EST) -- In a century-old decision, Justice Oliver Wendell Holmes cautioned: “It would be a dangerous undertaking for persons trained only to the law to constitute themselves the final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits.” Even under present-day standards, the standard for copyright protection remains very low. To be copyrightable, a work need only be “original,” that is, independently made and creative. “Minimal,” “very slight,” “modest” and “humble” — these are measures of creativity that courts and commentators have deemed sufficient to constitute copyright protection. But how much is not enough?
The U.S. Copyright...
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