Do you see anything copyrightable in the image that appears above? This is the question that was faced by the Massachusetts court in Real View LLC v. 20-20 Technologies, Inc. 683 F.Supp.2d 147. What do you think?
This image is a classic example of the merger doctrine and the scenes a faire doctrine in the computeer software context. Here is how the court analyzed the image above under the merger doctrine, the scenes a faire doctrine and then as a compilation.
One kitchen modeling software maker ripped of another's software. But was it copyrightable?
Partner in law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2019-2020). The New York Law Journal called it "an indispensable guide". Board of Directors of the Fordham Law Alumni Association, former General Counsel & Director Federal Bar Association, FBA Chair of the Circuit VPs, ViP for Second Circuit. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014).
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