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Disparity In Copyright Protection: Focus On The Finished Image Ignores The Art In The Details , Karen D. Williams
Disparity In Copyright Protection: Focus On The Finished Image Ignores The Art In The Details , Karen D. Williams
American University Law Review
Courts initial reactions play a major role in the assessment of copyright protection. A quick recognition of pictorial quality can result in an easy finding of originality. Based upon the extremely low threshold, such a quick summation is not surprising or necessarily refutable. However, the blanket assumption of a pictorial quality in photography creates a disparity in copyright protection for works of graphic design, like maps, which may not emit that immediate pictorial or aesthetic quality but may still employ creative choice. Those works that “scream” their pictorial nature get cursory review while the more subtle are being categorized as …