Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller

Exercise 18

Winstead v. Jackson
United States Court of Appeals, Third Circuit, 2013 WL 139622 (2013).
FACTS Shadrach Winstead dictated the text of his original work, The Preacher's Son-But the Streets Turned Me into a Gangster, and gave the audiotapes to another individual to be transcribed. Before the publication of the book, this individual either gave a copy to Curtis Jackson or gave the copy to individuals who passed it on to Jackson. Later, Jackson released the CD, Before I Self-Destruct, featuring his original songs and lyrics, and a companion film of the same name. Jackson wrote, starred in, and directed the film. Winstead filed a lawsuit in a federal district court against Jackson, alleging copyright infringement. The court dismissed the complaint, concluding that Jackson did not improperly copy protected aspects of Winstead's book. Winstead appealed to the U.S. Court of Appeals for the Third Circuit.
ISSUE Did Jackson's CD and film infringe on the copyright of Winstead's book?
DECISION No. The U.S. Court of Appeals for the Third Circuit affirmed the lower court's decision dismissing Winstead's complaint.
REASON A comparison of Winstead's book and Jackson's CD and film did not support a claim of copyright infringement. "Not all copying is copyright infringement, so even if actual copying is proven, the court must decide, by comparing the allegedly infringing work with the original work, whether the copy was unlawful. Copying may be proved inferentially [by inference] by showing that the allegedly infringing work is substantially similar to the copyrighted work." Therefore, a court must determine why the allegedly infringing work is similar to the original. Is it because the work appropriates "unique expressions of the original work," or merely because it contains elements that would be expected when two works examine the same idea?
The reviewing court went on to point out that Winstead's book and Jackson's works share similar themes and settings but that "the story of an angry and wronged protagonist who turns to a life of violence and crime has long been a part of the public domain.a" Any of the alleged "direct phrases" from Winstead's book that appear in Jackson's film are either common in general or common with respect to hip hop culture. They do not enjoy copyright protection.
FOR CRITICAL ANALYSIS-Cultural Consideration Does it seem likely that most creative works are in the public domain-and available for anyone to use without charge ? If not, should they be ? Discuss