Whether an author who creates a children’s fantasy book with familiar charterers known to the genre is liable for copyright infringement under 17 U.S.C. § 101 when the author or common third party had no access the alleged infringed work and when the protectable elements between the works are not substantially similar.
STATEMENT OF THE CASE
This is a case about an innovative author who wrote a children’s fantasy book. Murry completed the first chapter of Magic Hatching in March 2015 and completed the book by July 2015. Like most books of the fantasy genre, both explore a fantasy-land with castles, dragons, wizards, and a moral to the story. Are these books common? Yes. But are they so common that it would be mistaken for the same book? No. Murry’s book is about time travel whereas Downer’s book is about a power struggle. Meg Murry is being accused of infringing on Ann Downer’s copyright children’s fantasy book, published May 2015.
Meg Murry is a state certified Elementary school teacher who has a bachelor’s degree and a master’s degree in Education. Murry has written several reviews for books, films, and museums and has dreamed of creating her own children’s book. Over the years, Meg could not finish a book so she decided to take a course at Arbor Community College called: Fiction Writing for the Youth Market, How to Get Started, taught by Tess Whatsit. (R. 31). Whatsit taught at Arbor Community College from 2004 through 2015 and taught Meg Murry for eight weeks from the middle of January 2015 until the middle of March 2015. (R. 18). At the same time, Tess Whatsit had been an editor at Atheneum Books for Young Readers from about 1987 until 2015 when she opened her book packager, Watermark Books, a liaison bet...
... middle of paper ...
...ted work that was copied. Sandoval v. New Line Cinema Corp., 147 F.3d 215 (2d Cir. 1998). In determining whether the allegedly infringing work falls below the qualitative threshold of substantial similarity of a copyrighted work, courts look at the expression of the work. Castle Rock Entm 't, Inc., 150 F.3d at 138.
The Second Circuit court routinely grants summary judgment when there is no copyright infringement where the total concept and feel between works are not substantially similar after the unprotectable elements have been removed. Boisson, 273 F.3d at 269; Knitwaves, 71 F.3d 996. In Boisson, when the plaintiffs alleged that the defendants illegally copied two quilt designs that the plaintiffs had obtained copyright registrations for, the court found no copyright infringement because the protectable elements between the quilts were not substantially similar.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- The Chronicles of Narnia: Book Report Digory and Polly were good friends. They both lived in England for all of their lives. One day they were playing when Polly wanted to show Digory her secret place. It was up in her attic. She hid many things there. She hid fruits and snacks to eat and a lot of other stuff to. Digory noticed a door across the attic. Back then the houses were connected together and they thought that if they would cross the rafters and open the door they could sneak into a house and the next and so on.... [tags: Book Report Chronicles Narnia Essays Papers]
1735 words (5 pages)
- Up From Slavery Book Report This book was about Booker T Washington who was a slave on a plantation in Virginia until he was nine years old. His autobiography offers readers a look into his life as a young child. Simple pleasures, such as eating with a fork, sleeping in a bed, and wearing comfortable clothing, were unavailable to Washington and his family. His brief glimpses into a schoolhouse were all it took to make him long for a chance to study and learn.... [tags: Book Report Booker T. Washington Slavery]
1215 words (3.5 pages)
- Book Report: Capitalism & Slavery by Eric Williams "Capitalism & Slavery," (published by The University of North Carolina Press, 1994) was written by Eric Eustace Williams and first published in 1944. Eric Williams' book, was at the time of its publication, considered years ahead of its time. It should be noted, early on within this report that, literary works on the history of the Caribbean or slavery for a matter of fact, was done by Europeans. In the preface of his book, Williams clearly asserts that his work, "is not a study of the institution of slavery but of the contribution of slavery to the development of British capitalism."1 His work takes an economic view of history, which... [tags: Book Review Report Slavery Capitalism]
1551 words (4.4 pages)
- Maya Angelou's I Know Why the Caged Bird Sings Book Report Section I 1. In the text "I Know Why the Caged Bird Sings" a young black girl is growing up with racism surrounding her. It is very interesting how the author Maya Angelou was there and the way she described every detail with great passion. In the book Maya and Bailey move to a lot of places, which are, Stamps, Arkansas; St. Louis, Missouri; and San Francisco, California. Maya comes threw these places with many thing happening to her and people she knows.... [tags: Angelou Book Report]
924 words (2.6 pages)
- Book Report On The Five People You Meet in Heaven by Mitch Albom This isn't technically a book that I read when I was in the properly defined age group, but looking back at this book it is probably the book that has had the largest impact on my life, and had it been out when I was younger would have been a book that I would have read. I read this book after I had finished reading Tuesdays with Morie by the same author. Now I have read a lot of books in my life and I can't think of one that has had a more profound affect on me than The Five People you Meet in Heaven by Mitch Albom.... [tags: Albom Mitch Book Report]
1124 words (3.2 pages)
- Book Report on Baseball: A History of America's Game by Benjamin G. Rader In "Baseball: A History of America's Game", the Author Benjamin G. Rader discusses the history of baseball and how it developed to present day. Rader explains how baseball started as a simple game consisting of no rules besides the players using a stick to hit a ball and its constant evolution to what the game is today.... [tags: Rader Book Report Baseball]
1034 words (3 pages)
- The Few by Alex Kershaw In the summer of 1940, World War II had been in progress for nearly a year. Adolf Hitler was victorious and planning an invasion of England to seal Europe’s fate. Everyone in the United States of America knew it. The Germans were too powerful. Hitler's Luftwaffe had too many planes, too many pilots and too many bombs and since Hitler was Europe's problem, the United States claimed to be a neutral country (Neutrality Act of 1939). Seven Americans, however, did not remain neutral and that’s what this book is about.... [tags: Book Report Kershaw ]
1080 words (3.1 pages)
- Digital vs Traditional Remember being in first grade and reading the paperback Magic Treehouse book series where once you open the book and start reading the cover would never stay flat again, then in high school and college you were asked to analyze the books and you only had a small area to write your annotations on. Well what if I told you there was this form of technology called ebooks, otherwise known as digital versions of books and media that could change all that for the better. These e-books can be more beneficial to learning than traditional books, while also making reading more convenient and fun to do.... [tags: E-book, Book, Education, Digital media]
1289 words (3.7 pages)
- Do you remember how David Copperfield makes the Statue of Liberty disappeared. Do you remember how he penetrated the Great Wall of China. And do you remember how a famous street magician David Blaine stayed in an ice tank without eating and drinking for seven days in the street of London. These famous magicians are great. However, we all know that magic is false, why the magicians are so successful. People might think that is because they are so fraudulent when they do a trick, they have a pair of extremely nimble and sensitive hand that even faster than our eyes.... [tags: magic, ]
902 words (2.6 pages)
- Book Report on Elie Wiesel's Night Elie tells of his hometown, Sighet, and of Moshe the Beadle. He tells of his family and his three sisters, Hilda, Béa, and the baby of the family, Tzipora. Elie is taught the cabala by Moshe the Beadle. Moshe is taken away and sees an entire train of people murdered by the Gestapo. He returns to Sighet and tries to warn them, but no one believes his story. The Nazis come and take over Sighet. Elie is moved to a ghetto, along with all the other Jews in Sighet.... [tags: Book Reports Elie Wiesel's Night Essays]
4327 words (12.4 pages)