Abstract
Copyright, as the name implies, provides the owner of a copyright the ability to control who has the ‘right’ to ‘copy’ the copyright material. Unlike patent law, in order to be qualified for copyright protection in the USA, the material need not be novel (i.e. new compared to that which existed before), it merely needs to be original. Under US law, the threshold level of originality to obtain copyright protection is ‘extremely low’. In LA Printex Industries, Inc. v Forever 21 Inc., the US District Court for the Central District of California explored the parameters of the minimal level of originality that is necessary to be entitled to copyright protection, and the elements necessary to plead such a cause of action.
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