Originality Requirements under U.S. and E.U. Copyright Law

حمایت از آثار هنر معاصر در رویه قضایی آمریکا

Contemporary artistic works are a part of art that because of their particular nature cannot be fitted into the definition and requirements of traditional art. Such works fit uneasily into the concepts of originality, idea-expression dichotomy and fixation as conventional copyrights works do. This results in lack or inadequacy in protection of these works within national and international laws....

The Originality Standard for Literary Works under U.S. Copyright Law

Digital Originality

This Article examines the doctrine of originality in U.S. copyright law and proposes a reconfigured, three-part test that can better analyze issues of first impression involving works created with new digital technologies. The proposed test, encapsulated by the concept of digital originality, provides much needed guidance to courts to address the increasing complexities of digital creations in ...

همسویی رویکرد قانونگذاری ایران با مقررات بین‌المللی در حوزه حقوق مالکیت ادبی و هنری

In literary and artistic property law, according to the principle of independence of sovereign governments, each nation, according to local conditions and requirements and considered policies, regulatory for the protection of creators of literary and artistic works and of holders of neighboring rights. However, differences in national laws due to differences in approaches, policies and his deve...

Geographical Indications, Property Rights, and Value-Added Agriculture

What do Vidalia onions, Wisconsin cheese, and Kona coffee have that feta cheese, champagne, and cognac do not? The first three products have trademark protection for their brand names (in this case, through U.S. trademark law). The latter three have no brand name protection, but that could change. Protection would become available for the latter products if E.U. proposals to increase protection...