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Copyrightability of Generic Elements in a Copyrighted Work

Co-author Gerald M. Levine Unprotected elements in a copyrighted work affects the copyrightability of those elements alone. The copyright does not extend to every sentence in a work or to undeveloped characters. Fair use is not an issue since its application presupposes expressive material that is both copyrightable and copyrighted. (we leave for another day […]

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Titles, Words and Short Phrases (Q&A)

Co-author Gerald M. Levine Titles, Words and Short Phrases are not copyrightable although contextualized they may become so. The answer is found in the Code of Federal Regulations, 37 C.F.R. Sec. 202.1.  Subsection (a) provides that the following “examples of works [are] not subject to copyright and applications for registration of such works cannot be […]

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