User:Timeshifter/Sandbox80

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Charts[edit]

Charts, generally, are depictions of data in graphical form. Insofar as the chart exists to represent data, then it is not protected by copyright law. However, charts can contain elements that do enjoy copyright protection. For example, a chart explaining the rate of drug absorption into the bloodstream is probably not protected by copyright; the doodles on the side of that chart are. It is important to note that even though a chart has many colors or is complex, if those colors and complexity exist to explain the underlying data, then they are not protected by copyright law. Overall, we must be careful to remove all protectable elements from charts that we choose to publish.

Content Object Explanation / Rationale Recommended Action Advanced Explanation / Rationale
A Diagram
  • This is a simple diagram/schematic depicting a process.
  • The underlying process is not protected by copyright.
  • This depiction shows common/standard/typical/ordinary/basic/routine choices for the content type.
  • Thus this depiction is also not protected by copyright.
  • Mark as:
Retain: Copyright Analysis
A chart like the one illustrated is fundamentally data driven and a graphical representation of a system or process, as such, it does not enjoy copyright protection.

Statute

  • 17 U.S.C. § 102(b)- In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Case Law:

  • Baker v. Seldon, 101 U.S. 99 (1879)
    • FindLaw.com
A Simple Map
  • This image fundamentally serves to represent data.
  • The underlying data is not protected by copyright.
  • This depiction shows common/standard/typical/ordinary/basic/routine choices for the content type.
  • There are no real expressive elements, all choices have been made for clarity and to illustrate the underlying data.
  • Mark as:
Retain: Copyright Analysis
  • A chart like the one illustrated is a clear visual representation of data, there is no expression or requisite spark of creativity here.
  • Be careful with maps. Maps of fanciful or imaginary locations are likely going to be protected by copyright.

Statute

  • 17 U.S.C. § 102(b)- In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Case Law:

  • Baker v. Seldon, 101 U.S. 99 (1879)
    • FindLaw.com
A Growth Chart
  • This image fundamentally serves to represent data.
  • The underlying data is not protected by copyright.
  • This depiction shows common/standard/typical/ordinary/basic/routine choices for the content type.
  • There are no real expressive elements, all choices have been made for clarity and to illustrate the underlying data.
  • Mark as:
Retain: Copyright Analysis
  • A chart like the one illustrated is fundamentally a representation of data, and lacks the requisite spark of creativity required for copyright protection.

Statute

  • 17 U.S.C. § 102(b)- In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Case Law:

  • Baker v. Seldon, 101 U.S. 99 (1879)
    • FindLaw.com
A simple process
  • This is a simple diagram/schematic depicting a process.
  • The underlying process is not protected by copyright.
  • This depiction shows common/standard/typical/ordinary/basic/routine choices for the content type.
  • Thus this depiction is also not protected by copyright.
  • Mark as:
Retain: Copyright Analysis
  • A flow chart like the one illustrated is a clear visual representation of a process.
  • This chart has uses common/standard/typical/ordinary/basic/routine practices for the content type.

Statute

  • 17 U.S.C. § 102(b)- In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Case Law:

  • Baker v. Seldon, 101 U.S. 99 (1879)
    • FindLaw.com
A moderately more expressive process
  • This is a diagram/schematic depicting a process.
  • The underlying process is not protected by copyright.
  • This depiction shows some creative choice however. The creative elements are protected by copyright law.
  • Mark as:
Remove & Annotate
(or Search for a replacement)
  • A flow chart like the one illustrated is a clear visual representation of a process.
  • This chart has several creative elements that denote authorship. However, only the creative elements are protected by copyright, the process illustrations are not protectable.

Case Law:

  • Baker v. Seldon, 101 U.S. 99 (1879)
    • FindLaw.com

Graphs[edit]

Graphs, generally, are depictions of data in graphical form. Insofar as the graph exists to represent data, then it is not protected by copyright law. However, graphs can contain elements that do enjoy copyright protection. For example, a graph showing the distribution of heights of a sample of adults is probably not protected by copyright; illustrations accompanying the chart may be protected. It is important to note that even though a graph has many colors or is complex, if those colors and complexity exist to explain the underlying data, then they are not protected by copyright law. Overall, we must be careful to remove all protectable elements from charts that we choose to publish.

Content Object Explanation / Rationale Recommended Action Advanced Explanation / Rationale
A Basic Plot
  • This image is a basic data-driven graph.
  • The data which makes up this graph is factual information (either from an experiment, measurements, or other data gathering procedure).
  • This depiction shows common/standard/typical/ordinary/basic/routine choices for the content type.
  • Thus, this graph is not protected by copyright.
  • Mark as:
Retain: Copyright Analysis
Objects which are considered "Useful Articles" are not protected by copyright law. "Useful Article" is defined, by 17 U.S.C 101, as "an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a useful article"

Facts, ideas, and concepts themselves are not subject to copyright protection. However, a given expression of facts can be protected by copyright (depending on other factors). This is referred to as the "Idea vs Expression" divide.

  • This graph is highly data driven. It has few elements that appear to merit copyright protection.

Statute

  • 17 U.S.C. § 102(b)- In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Case Law:

  • Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991)
  • Hoehling v. Universal City Studios, Inc., 618 F.2d 972 (2nd Cir. 1980)
    • Cornell Law
  • American Institute of Architects v. Fenichel, 41 F.Supp. 146 (S.D.N.Y. 1941)
    • (if you can find them fulltext of the case online, please link to it here!)
A Basic Scatter Plot
  • This image is a basic data-driven graph.
  • The data which makes up this graph is factual information (either from an experiment, measurements, or other data gathering procedure).
  • This depiction shows common/standard/typical/ordinary/basic/routine choices for the content type.
  • Thus, this graph is not protected by copyright.
  • Mark as:
Retain: Copyright Analysis
  • This graph is highly data driven.
  • It has common/standard/typical/ordinary/basic/routine elements.

Facts, ideas, and concepts themselves are not subject to copyright protection. However, a given expression of facts can be protected by copyright (depending on other factors). This is referred to as the "Idea vs Expression" divide. Statute

  • 17 U.S.C. § 102(b)- In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Case Law:

  • Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991)
  • Hoehling v. Universal City Studios, Inc., 618 F.2d 972 (2nd Cir. 1980)
    • Cornell Law
  • American Institute of Architects v. Fenichel, 41 F.Supp. 146 (S.D.N.Y. 1941)
    • (if you can find them fulltext of the case online, please link to it here!)
A Basic Color Bar Graph
  • This image is a basic data-driven graph.
  • The data which makes up this graph is factual information (either from an experiment, measurements, or other data gathering procedure).
  • This depiction shows common/standard/typical/ordinary/basic/routine choices for the content type.
  • Thus, this graph is not protected by copyright.
  • Mark as:
Retain: Copyright Analysis
  • While there are colors in this graph, they are here to represent data, and do not reflect any creative choices. As such, they do not enjoy copyright protection.

Facts, ideas, and concepts themselves are not subject to copyright protection. However, a given expression of facts can be protected by copyright (depending on other factors). This is referred to as the "Idea vs Expression" divide. Statute

  • 17 U.S.C. § 102(b)- In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Case Law:

  • Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991)
  • Hoehling v. Universal City Studios, Inc., 618 F.2d 972 (2nd Cir. 1980)
    • Cornell Law
  • American Institute of Architects v. Fenichel, 41 F.Supp. 146 (S.D.N.Y. 1941)
    • (if you can find them fulltext of the case online, please link to it here!)
A Comparative Color Graph
  • This image is a basic data-driven graph.
  • The data which makes up this graph is factual information (either from an experiment, measurements, or other data gathering procedure).
  • This depiction shows common/standard/typical/ordinary/basic/routine choices for the content type.
  • Thus, this graph is not protected by copyright.
  • Mark as:
Retain: Copyright Analysis
  • A graph like the one illustrated has complexity, but complexity alone is not sufficient for copyright protection.

Facts, ideas, and concepts themselves are not subject to copyright protection. However, a given expression of facts can be protected by copyright (depending on other factors). This is referred to as the "Idea vs Expression" divide. Statute

  • 17 U.S.C. § 102(b)- In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Case Law:

  • Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991)
  • Hoehling v. Universal City Studios, Inc. 618 F.2d 972 (2nd Cir. 1980)
    • Cornell Law
  • American Institute of Architects v. Fenichel, 41 F.Supp. 146 (S.D.N.Y. 1941)
    • (if you can find them fulltext of the case online, please link to it here!)
A Comparative Color Graph
  • This image is a basic data-driven graph.
  • The data which makes up this graph is factual information (either from an experiment, measurements, or other data gathering procedure).
  • This depiction shows common/standard/typical/ordinary/basic/routine choices for the content type.
  • Thus, this graph is not protected by copyright.
  • Mark as:
Retain: Copyright Analysis
  • A graph like the one illustrated has complexity, but complexity alone is not sufficient for copyright protection.

Facts, ideas, and concepts themselves are not subject to copyright protection. However, a given expression of facts can be protected by copyright (depending on other factors). This is referred to as the "Idea vs Expression" divide. Statute

  • 17 U.S.C. § 102(b)- In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Case Law:

  • Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991)
  • Hoehling v. Universal City Studios, Inc. 618 F.2d 972 (2nd Cir. 1980)
    • Cornell Law
  • American Institute of Architects v. Fenichel, 41 F.Supp. 146 (S.D.N.Y. 1941)
    • (if you can find them fulltext of the case online, please link to it here!)