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2 The typeface is not a subject of copyright, but the similarity reinforces the impression that defendants copied plaintiff's illustration.
Lepera, Jay Z's lawyer, denied Big Pimpin' used major elements of the song, saying much of the music was too simple to be the subject of copyright.
A picture is none the less a picture, and none the less a subject of copyright, that it is used for an advertisement.
Because the watches are not the proper subject of copyright protection, Omega does not argue that Costco infringed copyrights protecting its watches, the argument upon which the majority rests its opinion.
The latter, in his answer, denied that Selden was the author or designer of the books, and denied the infringement charged, and contends on the argument that the matter alleged to be infringed is not a lawful subject of copyright.
The plausibility of the claim put forward by the complainant in this case arises from a confusion of ideas produced by the peculiar nature of the art described in the books which have been made the subject of copyright.
Similar(47)
The numbered clauses of subsection (b) list three general areas left unaffected by the preemption: (1) subject matter that does not come within the subject matter of copyright; (2) causes of action arising under State law before the effective date of the statute [Jan . 1 1978]; and (3) violations of rights that are not equivalent to any of the exclusive rights under copyright.
That distinction reflects, at bottom, the difference between the constitutionally delimited subject matter of copyright and the Congress's exercise of its copyright authority with respect to that subject matter.
As mentioned above in connection with section 102, unfixed works are not included in the specified "subject matter of copyright". They are therefore not affected by the preemption of section 301, and would continue to be subject to protection under State statute or common law until fixed in tangible form.
The subject matter of copyright was set out in §§ 3 and 4 of the Act.
38(1) of the Act requires that there be infringing copies of works or of any other subject matter of copyright.
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