A Copyright Holder’s Protection May Not, By Use of the Ordinary Observer Test, Be Extended to Cover Ideas

Date
1972
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract

Defines the distinction between a copyright and a patent. By using the Rosenthal case as an example, the author explains that an idea cannot be copyrighted because doing so would destroy competition and withdraw it from public use, both of which are antithetical to the goal of copyright. The author continues exploring copyright by examining the court’s test of protectable idea v. unprotectable idea.

Description
Keywords
Copyright, Copyright protection, Ideas, Herbert Rosenthal Jewelry Corp. v. Kalpakian, Expression, Ordinary observer test, Case note
Citation
3 Tex. Tech L. Rev. 390