decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Well, maybe that's why you're confused | 225 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
The research should be rewarded != it should be patentable.
Authored by: albert on Monday, May 20 2013 @ 05:39 PM EDT
Music and writing are expressions of ideas/emotions. Copyrights protect
_particular_ expressions. In music, it's the melody and lyrics that are
protected; you cannot copyright chord progressions (a particular sequence of
chords). You cannot copyright titles of musical compositions. ( I'm sure there'd
be trouble if I used 'Coke' or 'Harry Potter' in a song or literary title. Those
are protected by trademarks.) The copyright applies to the music/text described
in entirety in the application. In most cases, a _recording_ of the music is
presented.

Patents describe mechanical devices, or methods/processes. Machine patents are
fairly easy to deal with; the others, not so much.

Can a machine be copyrighted? No, but the _description_ of the machine could be.
Patents protect the actual machine; copyrights, the expression or description
of the machine.
I could write a song about a patented machine, and describe it exactly, and
copyright the song. As long as I didn't violate other copyrights, I'd be OK.

Can a song be patented? Assume yes. The _exact_ expression of the song needs to
be presented. The title, melody, lyrics, chords need to be unique, as well as
the key, the instrumentation, and vocals. If I changed each of those items just
a little, I could have a patentable, non-infringing 'new' song, discernibly
different. Where do you draw the line?

Copyrights work reasonably well. Their rules make sense, they are logical and
fair. There is a royalty system in place (at least for music). "Fair
use" precedents are established. New technologies have been absorbed.

Don't even get me started on patents {:-)>

[ Reply to This | Parent | # ]

Well, maybe that's why you're confused
Authored by: cjk fossman on Monday, May 20 2013 @ 05:45 PM EDT
Wouldn't a patent on a piece of music look a lot like copyright? And wouldn't a copyright on an invention look a lot like a patent? In the end, both grant exclusivity over an idea for a determined time.

A copyright covers the expression of an idea, not the idea.

A patent covers an invention, not an idea, nor a discovery.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )