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Because the 1909 Act did not recognize sound recordings as copyrightable subject matter, [section] 1(e) is silent on that matter, instead providing substantially the same protections as [section] 115--anyone could mechanically reproduce a previously publicly distributed musical composition upon payment of a statutory royalty.
Kaufman, in which the Second Circuit held that video games were copyrightable even though computer programs generated the audiovisual displays.
(79) Almost all copyright acts begin with categories of copyrightable subject matter, (80) followed by a list of author rights, (81) and then describe these protections' durations.
(144) Applying the doctrine of merger and scenes a faire in light of these constraints, Judge Sutton suggested that the TLP lacked sufficient originality to be copyrightable. (145)
(158) But unoriginal or unfixed authorship that, when combined with another's fixed expression, creates an original, fixed work is (and should be recognized as) authorship that contributes to a copyrightable work.
markets to the copyrightable material would be costume sales and
Courts have criticized the test, (85) refused to adopt the test, (86) or distorted the test to support the desired result (87) Therefore, the second test, the sufficient delineation test, should apply when determining whether a character is copyrightable.
the material deposited constitutes copyrightable subject matter.
Anthony LoCicero, Amster, Rothstein and Ebenstein LLP, analyzes the decision and comments on its impact on the applicability of the fair use defense to all forms of copyrightable works.