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The limits of creativity in copyright di

Campbell University School of LawScholarly Repository (a) Campbell University School of LawScholarly WorksFaculty Scholarship2017The Limits of Creativ

The limits of creativity in copyright di vity in Copyright: Digital Manufacturing Files ano Lockout CodesLucas s. OsbornCampbell ưmveríity School o f Law, osbornlệícainpbelLeduFollow this and

additional works at: https://scholarship.law.campbell.edu/fac swÒ1 Part of the Intellectual Property Law CommonsRecommended CitationLucas Osborn, Vie The limits of creativity in copyright di

Limits of Creativity in Copyright.- Digital Manufacturing hks and Lockout Codes, 4 Tex. A&MJ. Prop. L 2S (2017).1hi» Article is brought to you for fo

The limits of creativity in copyright di

re and open accew by the Faculty Scholarship at Scholarly Repository Ạp Campbell University School of Law. It has been accepted for inclusion in Schol

Campbell University School of LawScholarly Repository (a) Campbell University School of LawScholarly WorksFaculty Scholarship2017The Limits of Creativ

The limits of creativity in copyright di Digital Manufacturing Files AND Lockout CodesProfessor Lucas s. OsbornAbstractAs the distinction between the digital Mid physical worlds continues to

diminish, the necessity io reevaluate the bargain Sil uck by the copyright regime increases in importance. Digitization brings increasingly more aspe The limits of creativity in copyright di

cts of our world into the potential ambit of the copyright system. To understand whether and how the copyright system should apply tn an increasingly

The limits of creativity in copyright di

digital world, it is first necessary to understand doctrinally how current copyright taws apply to new digital works. This Article corrects several er

Campbell University School of LawScholarly Repository (a) Campbell University School of LawScholarly WorksFaculty Scholarship2017The Limits of Creativ

The limits of creativity in copyright di porates an advanced technical understanding of digital manufacturing files and applies that understanding to copyright doctrine to clarify misundersta

ndings. The analysis briefly confirms that digital files created to manufacture creative objects are themselves clearly protected by copyright On the The limits of creativity in copyright di

other hand, and contrary to several assertions in the literature, most files created to manufacture purely utilitarian objects are not copyrightable b

The limits of creativity in copyright di

ecause they lack a modicum of creativity. The lack of copyright protection for these files calls into question a number of assumptions, including whet

Campbell University School of LawScholarly Repository (a) Campbell University School of LawScholarly WorksFaculty Scholarship2017The Limits of Creativ

The limits of creativity in copyright di if digital manufacturing files of purely utilitarian objects do not enjoy copyright protection, creators mav seek to embed additional. ancillary copy

rightable material in the files to secure protection This ancillary material serves as a lock-out code, which tries to prevent what would otherwise be The limits of creativity in copyright di

lawful copying This Article analyzes that phenomenon and discusses potential ways the law may react to it.Table or ContentsI.Introduction............

The limits of creativity in copyright di

........................ 26II.Digital Manufacturing Technology and DigitalFiles............................................ 29A.CNC and 3D Printing...

Campbell University School of LawScholarly Repository (a) Campbell University School of LawScholarly WorksFaculty Scholarship2017The Limits of Creativ

The limits of creativity in copyright di Files are Not Copyrighted“Works"........................••’•••........ 36B.Confusion #2: CAD Files arc Not “Useful Articles".39IV.Digital Files of Use

ful Articles ............... 41t Visiting Associate Professor. University ol Denver Law School; Associate Professor, Campbell University School of Law The limits of creativity in copyright di

. The Author would like to thank Dr. Joshua Pearec and Michael Weinberg lor invaluable assistance in understanding digital manufacturing file technolo

The limits of creativity in copyright di

gy. Thanks arc also in order for the members of the Texas A&M School ot Law Property Journal for their excellent assistance and for hosting a wonderfu

Campbell University School of LawScholarly Repository (a) Campbell University School of LawScholarly WorksFaculty Scholarship2017The Limits of Creativ

The limits of creativity in copyright di J. Prop. I-[Vol. 4A.The File as a Sculptural Work..................... 41B.77rc File as a PictoriuPGraphu: Work.............. 421Technical Drawings as

... well ... PurelyTechnical................................... 43 The limits of creativity in copyright di

Campbell University School of LawScholarly Repository (a) Campbell University School of LawScholarly WorksFaculty Scholarship2017The Limits of Creativ

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