Abstract

http://ssrn.com/abstract=1162169
 
 

Footnotes (129)



 


 



Originality: Does the Copyright Office Hide the Ball?


Thomas G. Field Jr.


University of New Hampshire School of Law (formerly Franklin Pierce Law Center)

October 3, 2009

AIPLA Quarterly Journal, Vol. 37, p. 425, 2009

Abstract:     
The Copyright Office, incapable in fact of determining the originality of most works, generally makes no attempt when registration is sought. Moreover, most works easily pass the test set out in the well-known Feist case.

Despite that, the Office singles out some types of work and commonly refuses registration for lack of originality. Courts, with one notable exception, have upheld its decisions.

Types of works in issue, however, often signal an agenda driven by subject matter, not originality. This paper argues that, until courts press harder, the Office will continue to hide the ball and fail better to articulate its criteria for selecting works found to warrant enhanced scrutiny.

Number of Pages in PDF File: 23

Keywords: Administrative Procedure, judicial review, Copyright Office, copyright originality, copyright registration, refusals to register copyright

JEL Classification: K20, K23

Accepted Paper Series





Download This Paper

Date posted: July 17, 2008 ; Last revised: October 31, 2010

Suggested Citation

Field, Thomas G., Originality: Does the Copyright Office Hide the Ball? (October 3, 2009). AIPLA Quarterly Journal, Vol. 37, p. 425, 2009. Available at SSRN: http://ssrn.com/abstract=1162169

Contact Information

Thomas G. Field Jr. (Contact Author)
University of New Hampshire School of Law ( email )
Two White Street
Concord, NH 03301
United States
Feedback to SSRN


Paper statistics
Abstract Views: 794
Downloads: 87
Download Rank: 176,823
Footnotes:  129
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.313 seconds