matical calculations are not copyrightable. In addition, it is not possible to c
ID: 2334131 • Letter: M
Question
matical calculations are not copyrightable. In addition, it is not possible to c or discovery pyright an idea. Section 102 of the Copyng me copyright protection for any "idea, procedure, process, system cip tion, concept, principle, ilustrated, or embodied. Thus, others can freely use the underlying ideseis expressed regardless of the form in which it is described, explai or embodied." Th embodied in a work. What is copyrightable is the particular way in which an idea on are inseparable, the expressio n cannot be copyrighted. Whenever an idea and an e Thus, for the An idea and its expression, then, must be separable to be copyrightable. design of a useful item to be copyrightable, the sculptural features-that is, the way the way it l must be separate from its utilitarian (functional) purpose. In the following case, the cou asked to apply this principle. Inhale, Inc. v. Starbuzz Tobacco, Inc. nited States Court of Appeals for the Nisth Cirouit,756 F.34 1038 120141 FACTS A hookah is a device for smoking tobacco by filtering the smoke through water. The water is of the water container on Inhale's hookahs was not copyrightable and issued a summary judgment in Starbuzz's favor. Inhale appealed. held in a container at the base of the hookah Inhale, Inc, claimed to hold a registered copyright on a hoo- kah that covered the shape of the hookah's water container. Inhale filed a suit in a federal district court against Starbuzz Tobacco, Inc., for copyright infringement, alleging that Starbuzz sold hookahs with water containers shaped exactly like the Inhale Is the shape of this hookah'sDECISION No. The U.s. Court of Appeals for the ISSUE Was Inhale's registered copyright infringed by Starbuzz's sale of hookahs with water containers identical in shape to Inhale's containers? containers. The court determined that the shape water container copyrightable? Ninth Circuit affirmed the lower court's judgment.Explanation / Answer
The Shape of Hookah Water container is not copyrightable.
This is because as per the court, the shape of a container is not independent of the container’s utilitarian function – to hold the contents within its shape – because the shape accomplishes the function. Therefore, the district court correctly concluded that the shape of Inhale’s hookah water container was not copyrightable.
Following is the summary of the same and decision:-
Court: U.S. Court of Appeals for the Ninth Circuit
Judge: O'Scannlain
Opinion Date: January 9, 2014
Inhale claimed copyright protection in the shape of a hookah water container that it first published in 2008 and registered with the United States Copyright Office in 2011. Inhale filed suit against Starbuzz for copyright infringement, claiming that Starbuzz sold water containers that were identical in shape to Inhale’s container.
DECISION
The district court granted summary judgment in favor of Starbuzz after determining that the shape of the water container was not copyrightable. The court concluded that the shape of a container is not independent of the container’s utilitarian function – to hold the contents within its shape – because the shape accomplishes the function. Therefore, the district court correctly concluded that the shape of Inhale’s hookah water container was not copyrightable. Further, the district court did not abuse its discretion under 17 U.S.C. 505 by awarding attorneys’ fees to Starbuzz. Moreover, the court awarded attorneys’ fees incurred in the defense of this appeal to Starbuzz under section 505 in an amount to be determined by the district court. Accordingly, the court affirmed the district court’s judgment and remanded.
Related Questions
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.