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Crossfire Grills Will Be Closing
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Dec 4, 2007 | 05:31 PM
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maxxm
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From:
Arizona [85255]
Re: Crossfire Grills Will Be Closing
Quote:
Originally Posted by
GatorLCA
Being a lawyer, answer me this. Does an idea that's put into application constitute as being copyrighted and this would be copyright infringement?
No; only the actual, concrete expression of the idea can be copyrighted (or in some circumstances patented), but
not
the idea itself. Thus, Don's original pictures can be separately copyrighted, but the specific
design
of the billet grille displayed in those photographs is much more ambiguous factually and is subject to both statutory presumptions involving contracted "works made for hire" (a statutory term) as well as disputed interpretations of the agreements between the parties that are required to be proved by either a preponderance of the evidence or in some cases by clear and convincing evidence, which is not easy to do. That's where the complexities arise, and it's why these kinds of cases often become lengthy, grueling and expensive exercises for all of the involved parties.
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