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ARTICLE · 15 JULY 2013

Diagram Constitute Protectable Expression Of Ideas

McDermott Will & Emery
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The U. S. Court of Appeals for the Tenth Circuit of Appeal reversed an award of a summary judgment to a defendant who was accused of infringing a diagram illustrating organizational concepts.

United StatesIntellectual Property
Ulrika Mattsson
Ulrika Mattsson
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Enterprise Management Ltd. v. Warrick

The U. S. Court of Appeals for the Tenth Circuit of Appeal reversed an award of a summary judgment to a defendant who was accused of infringing a diagram illustrating organizational concepts, stating that the merger doctrine did not prevent copyright protection because the ideas embodied in the diagram could have been expressed in other original ways. Enterprise Management Ltd. v. Warrick, Case No. 12-1135 (10th Cir., May 21, 2013).

Organizational management expert Mary Lippitt licensed use of certain materials, including a diagram about reasons for failures to effect organizational change, to Enterprise Management Ltd. The work, and the changes to the work, were registered with the U.S. Copyright Office in 1987, 2000 and 2003, respectively.

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