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Hoisting Originality: A Response, Roberta Kwall
Hoisting Originality: A Response, Roberta Kwall
College of Law Faculty
This commentary originally appeared as part of the inaugural Virtual Workshop sponsored by the Intellectual Property Institute at the University of Richmond School of Law. The workshop featured a paper entitled Hoisting Originality (now published at Cardozo Law Review, Vol. 31, p. 451, 2009) by Professor Joseph Miller, along with two commentaries on the paper. My commentary examines and responds to Miller's argument that the standard for copyright law's originality requirement should be "hoisted" and thus analogized to that present in patent law.
Inspiration Or Imitation: Copyright Protection For Stage Directions, Margit Livingston
Inspiration Or Imitation: Copyright Protection For Stage Directions, Margit Livingston
College of Law Faculty
This article examines an important and timely issue involving the extent of copyright protection for stage directions. The recent lawsuits involving the regional productions of the Broadway hit "Urinetown" indicate that stage directors and their union, the Society of Stage Directors and Choreographers, are going to continue to press the courts and the Copyright Office for greater protection of what they perceive as their unique creative contribution to the theatrical arts. This article explores a myriad of issues related to copyright protection for stage directions and discusses copyrightable subject matter, copyright ownership, infringement, defenses to infringement, and other possible legal …