LOG IN / REGISTER




re: All of copyright law is a little vague. Few judges are experts on the issues. So any copyright suit is something of a gamble. nmi
Posted by: ryhog 10:47 pm EDT 06/17/19
In reply to: re: All of copyright law is a little vague. Few judges are experts on the issues. So any copyright suit is something of a gamble. nmi - tmdonahue 07:48 pm EDT 06/17/19

A few points:
1. When there were no juries in copyright cases (prior to the Supreme Court decision in '98 to which you refer), the court was the trier of fact.
2. There are indeed legal issues in copyright but that just means that the standards are based on the statute as interpreted by court. That does not alter the process that, once we know the standard, it is applied to the facts.
3. There is no issue as to what standard applies to the sort of copyright infringement we are discussing. The issue is whether a director has expressed a right based on the ownership of some intellectual property recognized under the copyright law. That requires a series of inquiries, all based on fact: is the contribution original? is the contribution unique? is it derivative of someone else's intellectual property (the conflict with, and primacy of, the playwright being a major source of the disgruntlement of some directors. But make no mistake: in a case where some tangible contribution of a director is original, unique, and not derivative, it's actionable.
4. The issue here is a fact one, not a mixed one as in the fair use situation. There are always issues of law, because a claim can be dismissed "as a matter of law" when there is no set of circumstances in which it could be upheld. But where a director states a claim for which relief can be legally granted under the statute, it proceeds to a factual determination of (originality/uniqueness/non-derivativeness/etc.) But when there is no legal basis for the claim (e.g., where it is based on an idea/concept/etc.), then the claim would be legally insufficient and would be dismissed without reaching the trier of fact. That is NOT, however, our situation.

I hope this helps. :-)
reply

Previous: re: All of copyright law is a little vague. Few judges are experts on the issues. So any copyright suit is something of a gamble. nmi - tmdonahue 07:48 pm EDT 06/17/19
Next: Thanks. Very clear. - tmdonahue 03:57 pm EDT 06/18/19
Thread:

Privacy Policy


Time to render: 0.013252 seconds.