Iteresting Points:
a. Show how copyrights are decided in actual situation.
b. Learn that not everything copyright registered is protectable.

Important Points:
a. Copyright protects original expression of artists.
b. Copyright does not protect ideas or standard elements of expression. Ideas and standard expressions belong to the public.

Background Information:
In 1980, Richard, a glass artist from California, was inspired when he saw jelly fish display in an aquarium. In 1990, he started selling glass in glass jelly fish sculptures. He registered his work with the copyright office. The sculptures were sold in galleries and gift shops in 40 states. The prices range from hundreds to thousands of dollars.

The sculpture consists of a bullet shaped glass with a sculpture of a jelly fish swimming inside filling almost entirely the whole glass. The jelly fish appears lifelike.

In Hawaii, Chris saw a picture of the glass in glass jelly fish. In 1997, he repaired one of Richard's glass in glass jelly fish. Chris then made some glass in glass jelly fish. His glass is also bullet shaped, also the jelly fish is lifelike and fills the entire glass.

Richard sues Chris for infringement.

Question:
Is the glass in glass jelly fish idea protectable?

Difference of Opinion:
Trial Court: Yes, it is protectable.

Appellate Court: No, it is not protectable.