Magic Marketing, Inc. v. Mailing Services of Pittsburgh, Inc.
634 F. Supp. 769 (1986)
FACTS:
An envelope was copied by a printing company. Suit for copyright infringement was brought because the design and symbols and overall "look" used on the envelope was copied.
PROCEDURE:
D moved for summary judgment on issue of copyrightability. Granted in part.
ISSUE:
Whether markings on the outside of an envelope are copyrightable. In particular, "PRIORITY MESSAGE: CONTENTS REQUIRE IMMEDIATE ATTENTION" on a black stripe. No pictures or designs are imprinted on the face of the envelopes except the solid black stripe.
MAIN RULE:
Instructions and wording that tells of contents of envelope is not copyrightable.
HOLDING:
(1) envelopes describing their contents with phrases such as "TELEGRAM," "GIFT CHECK," and "PRIORITY MESSAGE" and noting that contents of envelope required immediate attention were generic in nature and lacked minimal degree of creativity necessary for copyright protection, and (2) motion for summary judgment was premature as it related to forms and letters.
ANALYSIS
The words were not original with the person. It is just saying this is what is inside. There is no originality on the outside of the envelope.
RULES
-Copyright infringement action can not be maintained without a valid copyright.
"Originality," an essential element for copyright protection, is distinct from novelty; to be original, work must be product of independent creation, and, while test for originality is a low threshold, author must contribute more than a trivial variation of a previous work, i.e., the work must be recognizably his own. 17 U.S.C.A. § 102.
-Cliched language and expressions communicating an idea which may only be conveyed in a more or less stereotyped manner are not copyrightable.
-The following works are NOT subject to copyright: words and short phrases such as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents.
-The test for originality is a low threshold, however, the author must contribute more than a trivial variation of a previous work. The work must be recognizably his own.
PROCEDURE:
D moved for summary judgment on issue of copyrightability. Granted in part.
ISSUE:
Whether markings on the outside of an envelope are copyrightable. In particular, "PRIORITY MESSAGE: CONTENTS REQUIRE IMMEDIATE ATTENTION" on a black stripe. No pictures or designs are imprinted on the face of the envelopes except the solid black stripe.
MAIN RULE:
Instructions and wording that tells of contents of envelope is not copyrightable.
HOLDING:
(1) envelopes describing their contents with phrases such as "TELEGRAM," "GIFT CHECK," and "PRIORITY MESSAGE" and noting that contents of envelope required immediate attention were generic in nature and lacked minimal degree of creativity necessary for copyright protection, and (2) motion for summary judgment was premature as it related to forms and letters.
ANALYSIS
The words were not original with the person. It is just saying this is what is inside. There is no originality on the outside of the envelope.
RULES
-Copyright infringement action can not be maintained without a valid copyright.
"Originality," an essential element for copyright protection, is distinct from novelty; to be original, work must be product of independent creation, and, while test for originality is a low threshold, author must contribute more than a trivial variation of a previous work, i.e., the work must be recognizably his own. 17 U.S.C.A. § 102.
-Cliched language and expressions communicating an idea which may only be conveyed in a more or less stereotyped manner are not copyrightable.
-The following works are NOT subject to copyright: words and short phrases such as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents.
-The test for originality is a low threshold, however, the author must contribute more than a trivial variation of a previous work. The work must be recognizably his own.
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