Sesame Workshop (SW), originally known as the Children's Television Workshop (CTW), is an American nonprofit organization that has been responsible for the production of several educational children's programs—including its first and best-known, Sesame Street—that have been televised internationally. Television producer Joan Ganz Cooney and foundation executive Lloyd Morrisett developed the idea to form an organization to produce Sesame Street, a television series which would help children, especially those from low-income families, prepare for school. They spent two years, from 1966 to 1968, researching, developing, and raising money for the new series. Cooney was named as the Workshop's first executive director, which was termed "one of the most important television developments of the decade."
This is a list of recordings released by the TV series Sesame Street. Many of the early Columbia and CTW releases have been re-released on the Sony Wonder label, and later by The Orchard and Warner Music Group.
Apple Computer, Inc. v. Microsoft Corporation, 35 F.3d 1435, was a copyright infringement lawsuit in which Apple Computer, Inc. sought to prevent Microsoft and Hewlett-Packard from using visual graphical user interface (GUI) elements that were similar to those in Apple's Lisa and Macintosh operating systems. The court ruled that, "Apple cannot get patent-like protection for the idea of a graphical user interface, or the idea of a desktop metaphor [under copyright law]...". In the midst of the Apple v. Microsoft lawsuit, Xerox also sued Apple alleging that Mac's GUI was heavily based on Xerox's. The district court dismissed Xerox's claims without addressing whether Apple's GUI infringed Xerox's. Apple lost all claims in the Microsoft suit except for the ruling that the trash can icon and folder icons from Hewlett-Packard's NewWave windows application were infringing. The lawsuit was filed in 1988 and lasted four years; the decision was affirmed on appeal in 1994, and Apple's appeal to the U.S. Supreme Court was denied.
Joan Ganz Cooney is an American television writer and producer. She is one of the founders of Sesame Workshop, the organization famous for the creation of the children's television show Sesame Street, which was also co-created by her. Cooney grew up in Phoenix and earned a Bachelor of Arts in education from the University of Arizona in 1951. After working for the State Department in Washington, D.C., and as a journalist in Phoenix, she worked as a publicist for television and production companies in New York City. In 1961, she became interested in working for educational television, and became a documentary producer for New York's first educational TV station WNET. Many of the programs she produced won local Emmys.
A scène à faire is a scene in a book or film which is almost obligatory for a book or film in that genre. In the U.S. it also refers to a principle in copyright law in which certain elements of a creative work are held to be not protected when they are mandated by or customary to the genre.
Computer Associates International, Inc. v. Altai, Inc., 982 F.2d 693 is a decision from the United States Court of Appeals for the Second Circuit that addressed to what extent non-literal elements of software are protected by copyright law. The court used and recommended a three-step process called the Abstraction-Filtration-Comparison test. The case was an appeal from the United States District Court for the Eastern District of New York in which the district court found that defendant Altai's OSCAR 3.4 computer program had infringed plaintiff Computer Associates' copyrighted computer program entitled CA-SCHEDULER. The district court also found that Altai's OSCAR 3.5 program was not substantially similar to a portion of CA-SCHEDULER 7.0 called SYSTEM ADAPTER, and thus denied relief as to OSCAR 3.5. Finally, the district court concluded that Computer Associates' state law trade secret misappropriation claim against Altai was preempted by the federal Copyright Act. The appeal was heard by Judges Frank Altimari, John Daniel Mahoney, and John M. Walker, Jr. The majority opinion was written by Judge Walker. Judge Altimari concurred in part and dissented in part. The Second Circuit affirmed the district court's ruling as to copyright infringement, but vacated and remanded its holding on trade secret preemption.
Sesame Street international co-productions are adaptations of the American educational children's television series Sesame Street but tailored to the countries in which they are produced. Shortly after the debut of Sesame Street in the United States in 1969, television producers, teachers, and officials of several countries approached the show's producers and the executives of the Children's Television Workshop (CTW), renamed Sesame Workshop (SW) in 2000, about the possibility of airing international versions of Sesame Street. Creator Joan Ganz Cooney hired former CBS executive Michael Dann to field offers to produce versions of the show in other countries.
Castle Rock Entertainment Inc. v. Carol Publishing Group, 150 F.3d 132, was a U.S. copyright infringement case involving the popular American sitcom Seinfeld. Some U.S. copyright law courses use the case to illustrate modern application of the fair use doctrine. The United States Court of Appeals for the Second Circuit upheld a lower court's summary judgment that the defendant had committed copyright infringement. The decision is noteworthy for classifying Seinfeld trivia not as unprotected facts, but as protectable expression. The court also rejected the defendant's fair use defense finding that any transformative purpose possessed in the derivative work was "slight to non-existent" under the Supreme Court ruling in Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994).
Substantial similarity, in US copyright law, is the standard used to determine whether a defendant has infringed the reproduction right of a copyright. The standard arises out of the recognition that the exclusive right to make copies of a work would be meaningless if copyright infringement were limited to making only exact and complete reproductions of a work. Many courts also use "substantial similarity" in place of "probative" or "striking similarity" to describe the level of similarity necessary to prove that copying has occurred. A number of tests have been devised by courts to determine substantial similarity. They may rely on expert or lay observation or both and may subjectively judge the feel of a work or critically analyze its elements.
Data East USA, Inc. v. Epyx, Inc. 862 F.2d 204, 9 U.S.P.Q.2d (BNA) 1322 was a court case between two video game manufacturers, where Data East claimed that their copyright in Karate Champ was infringed by World Karate Championship, a game created by Epyx. Data East released Karate Champ in arcades in 1984, and the game became a best-seller and pioneered the fighting game genre. The next year, Epyx published World Karate Championship for home computers, which sold 1.5 million copies. Data East sued Epyx, alleging that the game infringed on their copyright and trademark.
Salinger v. Random House, Inc., 811 F.2d 90 is a United States case on the application of copyright law to unpublished works. In a case about author J. D. Salinger's unpublished letters, the Second Circuit held that the right of an author to control the way in which their work was first published took priority over the right of others to publish extracts or close paraphrases of the work under "fair use". In the case of unpublished letters, the decision was seen as favoring the individual's right to privacy over the public right to information. However, in response to concerns about the implications of this case on scholarship, Congress amended the Copyright Act in 1992 to explicitly allow for fair use in copying unpublished works, adding to 17 U.S.C. 107 the line, "The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
Paraphrasing of copyrighted material may, under certain circumstances, constitute copyright infringement. In most countries that have national copyright laws, copyright applies to the original expression in a work rather than to the meanings or ideas being expressed. Whether a paraphrase is an infringement of expression, or a permissible restatement of an idea, is not a binary question but a matter of degree. Copyright law in common law countries tries to avoid theoretical discussion of the nature of ideas and expression such as this, taking a more pragmatic view of what is called the idea/expression dichotomy. The acceptable degree of difference between a prior work and a paraphrase depends on a variety of factors and ultimately depends on the judgement of the court in each individual case.
Roth Greeting Cards v. United Card Co., 429 F.2d 1106, was a Ninth Circuit case involving the copyright of greeting cards that introduced the "total concept and feel" standard for determining substantial similarity. Courts used this test in later cases such as Reyher v. Children's Television Workshop (1976).
Monty Python v. American Broadcasting Companies, Inc. was a case where the British comedy group Monty Python claimed that the American Broadcasting Company (ABC) had violated their copyright and caused damage to their artistic reputation by broadcasting drastically edited versions of several of their shows. An appeals court found in favor of Monty Python, directing a ban of further broadcasts by ABC on the basis of violation of the Lanham Act, which could provide protection in the United States similar to that provided by moral rights in Europe, and gave the opinion that the group's copyright had probably also been infringed.
Wainwright Securities v. Wall Street Transcript Corp (1977) was a case in which a weekly newspaper was found to have infringed on the copyright of a publisher of reports that analyzed corporate finances, risks and opportunities. The newspaper's defense that the findings of such reports were news items was rejected, since the newspaper was found to have violated copyright through substantial similarities with the expression used in the Wainwright reports.
Sid & Marty Krofft Television Productions Inc. v. McDonald's Corp. (1977) was a case in which puppeteers and television producers Sid and Marty Krofft alleged that the copyright in their H.R. Pufnstuf children's television program had been infringed by a series of McDonald's "McDonaldland" advertisements. The finding introduced the concepts of extrinsic and intrinsic tests to determine substantial similarity.
Wright v. Warner Books (1991) was a case in which the widow of the author Richard Wright (1908–1960) claimed that his biographer, the poet and writer Margaret Walker (1915–1998), had infringed copyright by using content from some of Wright's unpublished letters and journals. The court took into account the recent ruling in Salinger v. Random House, Inc. (1987), which had found that a copyright owner had the right to control first publication, but found in favor of Walker after weighing all factors. The case had broad implications by allowing the use of library special collections for academic research.
Miller v. Universal City Studios, Inc., is a case where an appeals court found that although the plaintiff apparently deserved to prevail, it reversed the jury verdict and remanded the case for retrial because it found reversible error in the trial judges' instructions to the jury. The appellate court found that the judge's jury instructions, which included the statement that the labor of research by an author is protected by copyright, had been given in error. The court noted that plaintiff, over the objection of the defense, had urged the district court judge to include this instruction.
Pearson Education Limited v Morgan Adzei is one of the novel Ghanaian cases that discusses the extent of application and protection under the Copyright Act of Ghana, Act 690. The primary focus of this case is on the works excluded from copyright eligibility under section 2 of the Copyright Act, Act 690.
DC Comics v. Mark Towle was a copyright case heard in the United States Court of Appeals, Ninth Circuit in September 2015. The case concerned defendant Mark Towle, who built and sold replicas of the Batmobile in his garage named 'Garage Gotham'. DC Comics initially filed a lawsuit, in May 2011, in the federal district court alleging causes of action for copyright infringement, trademark infringement and unfair competition arising out of Mark's manufacture and sale of replicas. The plaintiffs, DC Comics, claimed the infringement of their copyright as the replicas sold by Mark were similar to the ones that appeared in 1966 television show Batman and the 1989 film Batman. The issue discussed by the court was "whether a character in a comic book, television program or motion picture is entitled to copyright protection". The ninth circuit followed the precedents and came up with a three-part test to determine the protection given to such characters.
