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Friday, February 18, 2011

Ind. Decisions - "Garden not eligible for copyright protection, 7th Circuit rules "

Sheri Qualters of The National Law Journal reported Feb. 16, 2010 re the 7th Circuit's Feb. 15th decision in Kelley v. Chicago Park District, where the Court ruled that a living garden is not eligible for copyright protection. A quote from the story:

The Visual Artists Rights Act of 1990 (VARA) amended the Copyright Act to give creators of some types of visual art two rights — attribution and integrity. The integrity right enables an artist to stop changes to the work that are "prejudicial to his... honor or reputation" and to seek recovery for unauthorized changes.

The opinion authored by Circuit Judge Diane Sykes noted that "VARA supplements general copyright protection; to qualify for moral rights under VARA, a work must first satisfy basic copyright standards." Circuit judges Daniel Manion and John Daniel Tinder joined the opinion.

Posted by Marcia Oddi on February 18, 2011 10:33 AM
Posted to Ind. (7th Cir.) Decisions