Circuit split · copyright law
Whether the scenes à faire doctrine bars copyright protection for elements of a computer program dictated by external constraints
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Sixth Circuit Court of Appeals · October 26, 2004
“Therefore, I would distinguish Stromback and take the other side of the Circuit split for cases regarding the application of the scenes á faire doctrine, when its extension regarding external constraints for" computer programs is at issue.” — Acknowledges a circuit split
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other sideStromback384 F.3d 304
“The district court took the position that the scenes á faire doctrine should be applied as a defense to infringement, and therefore, on that position alone, this case would require remand for consideration in light of Stromback, 384 F.3d at 304-05 .” — Lexmark International, Inc. v. Static Control Components, Inc., acknowledging the split
What the split turns on
- Anchor precedents:
- Gates Rubber Co. v. Bando Chem. Indus., Ltd.9 F.3d 823
- Doctrines & tests:
- scenes à faire doctrine
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.