Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.