Originally, the claims were filed by U.S. UU. UCITA is a state bill that seeks to create a unified approach to software and information licensing. While the district court ruled that Cablevisión made the copies of the television programming by offering to record the content at the user's request, the Second Circuit held that Cablevisión's mere creation of a system that reproduces the content was not sufficiently linked to the cause of the illegal copying, directed by users.
This law will limit use only to those prescribed as acceptable by content providers, whose priorities are not necessarily in line with those of content creators. The dispute arose when the defendant, Coors Brewing Company, created a billboard imitating Mannion's photo of basketball player Kevin Garnette posing in a white t-shirt in front of a cloudy sky background. The Court noted that, “All of West's alterations to judicial opinions involve the addition and disposition of facts, or the reorganization of data already included in the opinions, and therefore any creativity in these elements of West's case reports lies in West's selection and disposition of this information. The court held that the United States did nothing more than order Gaylord to create the sculptures; it did not add any creative or original element to the work and, therefore, could not be considered a co-author of the sculptures.
The Court agreed, finding that the amendments made by West were simply rearrangements of facts and that, given the conventions of legal citation and practice, they were obvious and lacked minimal creativity. Some jurisdictions also recognize the moral rights of creators, such as the right to be accredited for the work. It would also create rules that go beyond those already agreed by the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS). Beginning in 2001, WIPO intensified its efforts to protect traditional cultural expressions (“TCEs”) through the creation of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC).
The 1909 Act is important because many works created before the 1976 Act came into force are still under the 1909 Act. The agreement created an “opt-out” system to allow rights holders to exclude their books from some or all uses. In light of accepted legal conventions and other external restrictive factors, West's choices on selection and settlement can be considered reasonably obvious, typical and lacking in minimal creativity. The treaty would allow broadcasters to claim rights in their signals, as well as rights to creative content produced by other people.
The central idea expressed is that those who create intellectual property should have the exclusive opportunity to benefit from their creations, but that the exclusive nature of the opportunity must be limited.
