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