The idea–expression distinction or idea–expression dichotomy is a legal doctrine in the United States that limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.
Superboy is the name of several fictional superheroes appearing in American comic books published by DC Comics. These characters have been featured in several eponymous comic series, in addition to Adventure Comics and other series featuring teenage superhero groups.
The Greatest American Hero is an American comedy-drama superhero television series that aired on ABC. Created by producer Stephen J. Cannell, it premiered as a two-hour pilot movie on March 18, 1981, and ran until February 2, 1983. The series features William Katt as teacher Ralph Hinkley, Robert Culp as FBI agent Bill Maxwell, and Connie Sellecca as lawyer Pam Davidson. The lead character's surname was temporarily changed to "Hanley" for a few months immediately after President Ronald Reagan and three others were shot and wounded by John Hinckley Jr. on March 30, 1981.
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.
In re Aimster Copyright Litigation, 334 F.3d 643, was a case in which the United States Court of Appeals for the Seventh Circuit addressed copyright infringement claims brought against Aimster, concluding that a preliminary injunction against the file-sharing service was appropriate because the copyright owners were likely to prevail on their claims of contributory infringement, and that the services could have non-infringing users was insufficient reason to reverse the district court's decision. The appellate court also noted that the defendant could have limited the quantity of the infringements if it had eliminated an encryption system feature, and if it had monitored the use of its systems. This made it so that the defense did not fall within the safe harbor of 17 U.S.C. § 512(i). and could not be used as an excuse to not know about the infringement. In addition, the court decided that the harm done to the plaintiff was irreparable and outweighed any harm to the defendant created by the injunction.
International News Service v. Associated Press, 248 U.S. 215 (1918), also known as INS v. AP or simply the INS case, is a 1918 decision of the United States Supreme Court that enunciated the misappropriation doctrine of federal intellectual property common law: a "quasi-property right" may be created against others by one's investment of effort and money in an intangible thing, such as information or a design. The doctrine is highly controversial and criticized by many legal scholars, but it has its supporters.
National Comics Publications v. Fawcett Publications, 191 F.2d 594. was a decision by the United States Court of Appeals for the Second Circuit in a twelve-year legal battle between National Comics and the Fawcett Comics division of Fawcett Publications, concerning Fawcett's Captain Marvel character being an infringement on the copyright of National's Superman comic book character. The litigation is notable as one of the longest-running legal battles in comic book publication history.
Cartoon Network, LP v. CSC Holdings, Inc., 536 F.3d 121, was a United States Court of Appeals for the Second Circuit decision regarding copyright infringement in the context of DVR systems operated by cable television service providers. It is notable for distinguishing the Ninth Circuit precedent MAI Systems Corp. v. Peak Computer, Inc., regarding whether a momentary data stream is a "copy" per copyright law.
Shapiro, Bernstein and Co. v. H.L. Green Co., 316 F.2d 304, was a landmark case dealing with secondary liability for copyright infringement. The law in question was Section 101(e) of the Copyright Act.
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees. Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, especially in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services.
Penguin Group (USA) Inc. v. American Buddha, 640 F.3d 497, was a case in which United States Court of Appeals for the Second Circuit reversed the decision of the United States District Court for the Southern District of New York, which had granted American Buddha's motion to dismiss Penguin Group (USA) Inc. ("Penguin")'s copyright infringement action for lack of personal jurisdiction. The appellate court remanded the case for further proceedings.
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.
Warner Bros. Entertainment v. WTV Systems is a 2011 copyright infringement case decided in United States District Court, C.D. California.
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.
Marc Toberoff is an intellectual property attorney specializing in copyright and entertainment litigation.
Detective Comics, Inc. v. Bruns Publications, Inc., 111 F.2d 432, the case of Superman v. Wonderman, is a 1940 decision of the Second Circuit in which the court held that the archetype of a comic book hero, in this case a cape-wearing benevolent-Hercules figure (Superman), is an idea, which the copyright in the comic strips does not protect against copying; only the specific details of the strips, their particular expression, enjoy legal protection. The author of the court's opinion was Judge Augustus N. Hand and the panel of Second Circuit judges included Judge Learned Hand.
The misappropriation doctrine is a U.S. legal theory conferring a "quasi-property right" on a person who invests "labor, skill, and money" to create an intangible asset. The right operates against another person "endeavoring to reap where it has not sown" by "misappropriating" the value of the asset. The quoted language and the legal principle come from the decision of the United States Supreme Court in International News Service v. Associated Press, 248 U.S. 215 (1918), also known as INS v. AP or simply the INS case.
In 1938, Jerry Siegel and Joe Shuster gave away the copyright to Superman to Detective Comics, Inc., the predecessor of DC Comics. In 1948, National Comics settled ownership and royalties disputes and paid $94,013.16 for Superman and Superboy rights. In 1969, a court ruled that Siegel and Shuster's grant of copyright included their renewal rights. Shuster died in 1992 and his heirs re-granted their rights for a $25,000 annual stipend. In 2001, the Siegel heirs took back their rights using the termination provision of the Copyright Act of 1976 and accepted a new purchase offer from Warner.
Copyright protection is available to the creators of a range of works including literary, musical, dramatic and artistic works. Recognition of fictional characters as works eligible for copyright protection has come about with the understanding that characters can be separated from the original works they were embodied in and acquire a new life by featuring in subsequent works.
Mannion v. Coors Brewing Co. is a 2005 copyright case decided by the United States District Court for the Southern District of New York. It concerns the issue of copyrightability in photography. Jonathan Mannion, the plaintiff, sued the brewer and its advertising agency, Carol H. Williams Advertising (CHWA), alleging they had too closely copied an image he took of basketball star Kevin Garnett.
