Re:Did You Say “Intellectual Property”? It's a Seductive Mirage
by icebraining on Sunday May 18, 2014 @02:36PM
(#7763860)
Intellectual property law adds the force of the state to concepts/ideas/media/etc that originated by the sweat of my brow
Actually, in many countries, including the US, "seat of the brow" is explicitly excluded as a doctrine w.r.t. copyright and patents.
See Feist Publications, Inc., v. Rural Telephone Service Co., where the SCOTUS specifically refers the clarification given by Congress that the fundamental criteria for protection are originality and fixation in tangible form, and sweat of the brow is excluded.
Actually, in many countries, including the US, "seat of the brow" is explicitly excluded as a doctrine w.r.t. copyright and patents.
See Feist Publications, Inc., v. Rural Telephone Service Co., where the SCOTUS specifically refers the clarification given by Congress that the fundamental criteria for protection are originality and fixation in tangible form, and sweat of the brow is excluded.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vo...