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George Lucas...WTF?
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<blockquote data-quote="Dannyalcatraz" data-source="post: 5238687" data-attributes="member: 19675"><p>Actually, yes, copyright does require that something be iconic, though it doesn't use the exact term- whatever is copyrighted has to have features that are recognizably unique. You have to show some creativity. You have to have brought something new to the table.</p><p></p><p>In the example of your "Crappy Horse", you're absolutely right as to <em>when </em>it becomes protected. However, if you sue to prevent someone from violating Crappy Horse, you'll have to show that what the other party did is definitely derivative of your work.</p><p></p><p>If Lousy Horse looks exactly like Crappy Horse, you'll win. If, OTOH, the other party can prove to the Court's satisfaction that Lousy Horse couldn't be picked out of a lineup of a few dozen other horse illustrations (including Crappy Horse), some of which may even pre-date Crappy Horse, you're going to lose.</p><p></p><p>Which is why, even though something may be <em>technically</em> copyrighted, it may not be <em>protectable</em>.</p><p></p><p>I could record myself doing 7 minutes of strumming quarter-notes in 4/4 time on my open C string on my guitar tonight and get it properly copyrighted.</p><p></p><p>The moment I try to sue someone for infringing that copyright by tuning their C string at a concert? Its laugh-track time in the courthouse.</p><p></p><p></p><p></p><p>I think its a good exercise in generating corporate goodwill, but I don't think it would have any real legal effect.</p><p></p><p>The reason is that, unless Lucasfilms (or any of its subsidiaries) actually owns any part of the laser manufacturer or is making any money from their manufacture (including working or cosmetic parts), the odds of anyone tracing liability to them is extremely slim.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 5238687, member: 19675"] Actually, yes, copyright does require that something be iconic, though it doesn't use the exact term- whatever is copyrighted has to have features that are recognizably unique. You have to show some creativity. You have to have brought something new to the table. In the example of your "Crappy Horse", you're absolutely right as to [I]when [/I]it becomes protected. However, if you sue to prevent someone from violating Crappy Horse, you'll have to show that what the other party did is definitely derivative of your work. If Lousy Horse looks exactly like Crappy Horse, you'll win. If, OTOH, the other party can prove to the Court's satisfaction that Lousy Horse couldn't be picked out of a lineup of a few dozen other horse illustrations (including Crappy Horse), some of which may even pre-date Crappy Horse, you're going to lose. Which is why, even though something may be [I]technically[/I] copyrighted, it may not be [I]protectable[/I]. I could record myself doing 7 minutes of strumming quarter-notes in 4/4 time on my open C string on my guitar tonight and get it properly copyrighted. The moment I try to sue someone for infringing that copyright by tuning their C string at a concert? Its laugh-track time in the courthouse. I think its a good exercise in generating corporate goodwill, but I don't think it would have any real legal effect. The reason is that, unless Lucasfilms (or any of its subsidiaries) actually owns any part of the laser manufacturer or is making any money from their manufacture (including working or cosmetic parts), the odds of anyone tracing liability to them is extremely slim. [/QUOTE]
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