1、2200 单词, 12500 英文字符 ,3800 汉字 文献出处: Bussey A. Stretching Copyright to Its Limit: On the Copyrightability of Yoga and Other Sports Movements in Light of the U.S. Copyright Offices New Characterization of CompilationsJ. Social Science Electronic Publishing, 2013. JEFFREY S. MOORAD SPORTS LAW JOURNAL VO
2、LUME XX 2013 ISSUE 1 Articles STRETCHING COPYRIGHT TO ITS LIMIT: ON THE COPYRIGHTABILITY OF YOGA AND OTHER SPORTS MOVEMENTS IN LIGHT OF THE U.S. COPYRIGHT OFFICES NEW CHARACTERIZATION OF COMPILATIONS ALEXAN D ER BUSSEY I. COPY R IG H TIN G YOG A AND EXER C IS E ROUTIN ES In the words of the OS YU co
3、urt, “on first impress ion, it . . . seems inappropriate, and almost unbelievable, that a s equence of yoga pos itions could be any one persons intellectual property,” yet the issue is not so obvious.73 This part exa mines how one might construe the copyright act to afford protection to yoga and oth
4、er similar exercise routines. There are a number of issues to consider when determining the copyrightability of yoga and exercise routines. First, these athletic activities are most closely related to choreographic works. If they cannot be classified as choreographic works, then one might argue that
5、 yoga and exercise routines could fall back on the protection of compilations like the Bikram example, at least prior to the Offices recent statement of policy. But even if yoga and other exercise routines can be contorted to fit within either of these categories, they must still overcome a number o
6、f issues, including originality, the merger doctrine, and the functionality doctrine. This part examines how yoga and exercise routines are affected by each of these issues. A. Yoga and Exercise as Choreography When Congress passed the Copyright Act of 1976, it assumed that pantomimes and choreographic works had “fairly settled meanings.”74 Despite failing to provide a definition for these works , the House did indicate that “ choreographic works do not inc