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not tay ber own

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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


This information is taken directly from the court opinion. It is not taken out of context nor is it altered.
From Mazer v. Stein , 347 US 201 (1954):

Unlike a patent, a copyright gives no exclusive right to the art disclosed; protection is given only to the expression of the idea—not the idea itself.[39] Thus, in Baker v. Selden, 101 U. S. 99, the Court held that a copyrighted book on a peculiar system of bookkeeping was not infringed by a similar book using a similar plan which achieved similar results where the alleged infringer made a different arrangement of the columns and used different headings. The distinction is illustrated in Fred Fisher, Inc. v. Dillingham, 298 F. 145, 151, when the court speaks of two men, each a perfectionist, independently making 218 maps of the same territory. Though the maps are identical, each may obtain the exclusive right to make copies of his own particular map, and yet neither will infringe the other's copyright. Likewise a copyrighted directory is not infringed by a similar directory which is the product of independent work.[40] The copyright protects originality rather than novelty or invention—conferring only "the sole right of multiplying copies."[41] Absent copying there can be no infringement of copyright.[42] Thus, respondents may not exclude others from using statuettes of human figures in table lamps; they may only prevent use of copies of their statuettes as such or as incorporated in some other article. Regulation § 202.8, supra, makes clear that artistic articles are protected in "form but not their mechanical or utilitarian aspects." See Stein v. Rosenthal, 103 F. Supp. 227, 231. The dichotomy of protection for the aesthetic is not beauty and utility but art for the copyright and the invention of original and ornamental design for design patents. We find nothing in the copyright statute to support the argument that the intended use or use in industry of an article eligible for copyright bars or invalidates its registration. We do not read such a limitation into the copyright law.


FOOTNOTES [referenced above]
[39] F. W. Woolworth Co. v. Contemporary Arts, 193 F. 2d 162; Ansehl v. Puritan Pharmaceutical Co., 61 F. 2d 131; Fulmer v. United States, 122 Ct. Cl. 195, 103 F. Supp. 1021; Muller v. Triborough Bridge Authority, 43 F. Supp. 298.
[40] Sampson & Murdock Co. v. Seaver-Radford Co., 140 F. 539. See, Anno. 26 A. L. R. 585.
[41] Jeweler's Circular Pub. Co. v. Keystone Publishing Co., 281 F. 83, 94.
[42] White-Smith Music Pub. Co. v. Apollo Co., 209 U. S. 1; Bleistein v. Donaldson Lithographing Co., 188 U. S. 239, 249; Arustein v. Porter, 154 F. 2d 464, 468-469; Alfred Bell & Co., Ltd. v. Catalda Fine Arts, Inc., 191 F. 2d 99, 103; Ansehl v. Puritan Pharmaceutical Co., supra; Christic v. Cohan, 154 F. 2d 827.

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