Maybe Duct Tape Can’t Fix Everything: Slippery Standards As Copyright Goes Bananas
LexBlog IP
AUGUST 23, 2023
Next, one would, like the Morford court, look at the filtration step, a step trying to decide each “particular element of a work [that] should be filtered out during this stage” because is part of the underlying idea of the piece or derived from the public domain rather than an example of the work’s protectible expressive elements.
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