· 3/7/1974
Weyerhaeuser Co. v. Lynch
Citations
- 268 Or. 142
- 520 P.2d 351
- 1974 Ore. LEXIS 440
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that two stories of talking moons were not substantially similar where pace, dialogue, mood, and theme were different
- holding that anthropomor-phized moon character is unprotectable stock character in children’s literature
- explaining that children's television series was not substantially similar to the authors' copyright works despite similarities in themes, including teaching children to overcome their fears and having magical adventures because such themes are standard topics in children's literature
- “[S]etting[s] [that] naturally and necessarily flo[w] from the basic plot premise ... constitute] scenes-a-faire and cannot support a finding of substantial similarity”
- requiring the compared elements in the extrinsic substantial similarity analysis to be protectible
- “Copyright law only protects expression of ideas, not the ideas themselves”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bryson, Connell, Denecke, Holman, Howell, McAllister
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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