2018年2月26日 星期一

著作權是有最低創作性的要求的

哈哈哈!這兩段歌詞,“Playas, they gonna play / And haters, they gonna hate.”,連著作權的最低創造性要求都達不到。法院判決這樣的歌詞內容缺乏新穎性與創造性,這樣的用法太常見了,不可能讓某人獨佔如此使用文字的權利,沒有著作權,所以任何人都不能據以請求著作權的保護。

“The allegedly infringed lyrics are short phrases that lack the modicum of originality and creativity required for copyright protection,” Fitzergald wrote. “Accordingly, if there was copying, it was only of unprotected elements…”
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“The concept of actors acting in accordance with their essential nature is not at all creative; it is banal,” Fitzgerald worte. “In the early 2000s, popular culture was adequately suffused with the concepts of players and haters to render the phrases ‘playas … gonna play’ or ‘haters … gonna hate,’ standing on their own, no more creative than ‘runners gonna run,’ ‘drummers gonna drum,’ or ‘swimmers gonna swim.’”
So uncreative did Judge Michael Fitzgerald find Taylor Swift's 2014 hit…
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