http://www.exclusiverights.net/2009/11/7th-cir-opines-on-originality-standard-for-derivitive-works/ A copyright law blog covering litigation, policy and academia Wed, 10 Mar 2010 19:29:41 -0400 hourly 1 http://www.exclusiverights.net/2009/11/7th-cir-opines-on-originality-standard-for-derivitive-works/comment-page-1/#comment-39940 JOLT Digest » Schrock v. Learning Curve Int’l | Harvard Journal of Law & Technology Sun, 15 Nov 2009 16:12:49 +0000 http://www.exclusiverights.net/?p=2881#comment-39940 [...] Exclusive Rights Blog provides an overview of the case. Rebecca Tushnet’s 43(B)log criticizes the circuit court for [...] [...] Exclusive Rights Blog provides an overview of the case. Rebecca Tushnet’s 43(B)log criticizes the circuit court for [...]

]]> http://www.exclusiverights.net/2009/11/7th-cir-opines-on-originality-standard-for-derivitive-works/comment-page-1/#comment-39757 C.T. Mon, 09 Nov 2009 16:07:24 +0000 http://www.exclusiverights.net/?p=2881#comment-39757 Thanks for this post. It seems like the issue of requisite originality is becoming increasingly litigated, and, perhaps, ripe for Supreme Court review. Another recent case on the issue is Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc., et al. 528 F.3d 1258 (10th Cir. 2008). There is a lot of tension between the 10th Circuit's decision in Meshwerks and the 7th Circuits recent decision in Schrock. Indeed, the fact patterns between the two cases are extremely similar, with a plaintiff suing a company for the continued use of their work for promotional purposes. In Meshwerks the work at issue was a three-dimensional, digital wire frame rendering of a Toyota. The 10th Circuit, questionably in my opinion, held that the digital model was not sufficiently original to warrant copyright protection. Thanks for this post. It seems like the issue of requisite originality is becoming increasingly litigated, and, perhaps, ripe for Supreme Court review. Another recent case on the issue is Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc., et al. 528 F.3d 1258 (10th Cir. 2008). There is a lot of tension between the 10th Circuit’s decision in Meshwerks and the 7th Circuits recent decision in Schrock. Indeed, the fact patterns between the two cases are extremely similar, with a plaintiff suing a company for the continued use of their work for promotional purposes. In Meshwerks the work at issue was a three-dimensional, digital wire frame rendering of a Toyota. The 10th Circuit, questionably in my opinion, held that the digital model was not sufficiently original to warrant copyright protection.

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