{"title":"著作权法中的规则表达","authors":"Jeffrey Malkan","doi":"10.2139/SSRN.1015095","DOIUrl":null,"url":null,"abstract":"Should copyright be extended to a work of authorship that consists of rules for producing another work of authorship, or, conversely, to a work that owes its genesis to the application of such rules? If 'yes' for either, are 'A' and 'B' two separate works, or two dimensions of the same work? In the leading case, Southco, Inc. v. Kanebridge Corp., the plaintiff claimed copyright protection for the individual serial numbers generated by a set of proprietary numbering rules; similar issues, however, are raised by any work whose claim to originality comes from how its literal elements are structured, such as compilations, games, recipes, blueprints, score sheets, taxonomies, price estimates, and computer programs. The more basic problem is the relationship between function and expression in works of authorship generally, and what freely willed self-expression in those works requires. I trace the doctrinal forebears of Southco to the seminal case of Baker v. Selden, and focus on the question of how to evaluate the copyright status of a work of authorship whose rule-basis engenders its textual form in an invariant and predetermined manner.","PeriodicalId":51843,"journal":{"name":"Buffalo Law Review","volume":"57 1","pages":""},"PeriodicalIF":0.6000,"publicationDate":"2008-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Rule-Based Expression in Copyright Law\",\"authors\":\"Jeffrey Malkan\",\"doi\":\"10.2139/SSRN.1015095\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Should copyright be extended to a work of authorship that consists of rules for producing another work of authorship, or, conversely, to a work that owes its genesis to the application of such rules? If 'yes' for either, are 'A' and 'B' two separate works, or two dimensions of the same work? In the leading case, Southco, Inc. v. Kanebridge Corp., the plaintiff claimed copyright protection for the individual serial numbers generated by a set of proprietary numbering rules; similar issues, however, are raised by any work whose claim to originality comes from how its literal elements are structured, such as compilations, games, recipes, blueprints, score sheets, taxonomies, price estimates, and computer programs. The more basic problem is the relationship between function and expression in works of authorship generally, and what freely willed self-expression in those works requires. I trace the doctrinal forebears of Southco to the seminal case of Baker v. Selden, and focus on the question of how to evaluate the copyright status of a work of authorship whose rule-basis engenders its textual form in an invariant and predetermined manner.\",\"PeriodicalId\":51843,\"journal\":{\"name\":\"Buffalo Law Review\",\"volume\":\"57 1\",\"pages\":\"\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2008-09-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Buffalo Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.1015095\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Buffalo Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.1015095","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
引用次数: 1
摘要
版权是否应该扩展到由创作另一个作者作品的规则组成的作者作品,或者相反,应该扩展到由于应用这些规则而产生的作品?如果有一个回答“是”,那么“A”和“B”是两个独立的作品,还是同一作品的两个维度?在Southco, Inc.诉Kanebridge Corp.案中,原告要求对由一套专有编号规则生成的单个序列号进行版权保护;然而,类似的问题也会出现在那些声称其原创性来自其文字元素结构的作品中,如汇编、游戏、食谱、蓝图、计分表、分类法、价格估算和计算机程序。更基本的问题是作者作品中功能与表达的关系,以及这些作品中自由意志的自我表达需要什么。我将索斯科案的理论渊源追溯到具有开创性的贝克诉塞尔登案(Baker v. Selden),并将重点放在如何评估作者身份作品的版权状态的问题上,其规则基础使其文本形式以不变和预先确定的方式产生。
Should copyright be extended to a work of authorship that consists of rules for producing another work of authorship, or, conversely, to a work that owes its genesis to the application of such rules? If 'yes' for either, are 'A' and 'B' two separate works, or two dimensions of the same work? In the leading case, Southco, Inc. v. Kanebridge Corp., the plaintiff claimed copyright protection for the individual serial numbers generated by a set of proprietary numbering rules; similar issues, however, are raised by any work whose claim to originality comes from how its literal elements are structured, such as compilations, games, recipes, blueprints, score sheets, taxonomies, price estimates, and computer programs. The more basic problem is the relationship between function and expression in works of authorship generally, and what freely willed self-expression in those works requires. I trace the doctrinal forebears of Southco to the seminal case of Baker v. Selden, and focus on the question of how to evaluate the copyright status of a work of authorship whose rule-basis engenders its textual form in an invariant and predetermined manner.
期刊介绍:
Founded in 1951, the Buffalo Law Review is a generalist law review that publishes articles by practitioners, professors, and students in all areas of the law. The Buffalo Law Review has a subscription base of well over 600 institutions and individuals. The Buffalo Law Review currently publishes five issues per year with each issue containing approximately four articles and one member-written comment per issue.