Check List
Copyright 1. Is it an original work? a. Is it a derivative work (if so must be substantially original) 2. Is it fixed in a tangible medium of expression 3. Is there a level of creativity a. Is there a limited number of ways to express something b. Are they trying to protect the idea or the expression 4. Can you separate the function from its aesthetic appeal 5. Was their infringement? a. Was their copying? i. Was it indirect or direct copying? 1. If indirect, did D have access? 2. How much similarity is there? ii. Was their misappropriation? 1. What portion of P’s work are protected? 2. What parts are not? 3. Is there substantial similarity? b. Is there an exception that applies?