Winstead filed his * * * com-plaint in the United States District Court for the District of New Jersey, claiming that Jackson’s album/ CD and film derived their contents from, and infringed the copyright of, his book. * * * * * * * The District Court dismissed Winstead’s * * * complaint * * *, concluding that Jackson * * * did not improperly copy protected aspects of Winstead’s book.
1. Which expressions of an original work are protected by copyright law?
2. Is all copying copyright infringement? If not, what is the test for determining whether a creative work has been unlawfully copied?
3. How did the court in this case determine whether the defendant’s work infringed on the plaintiff’s copyright?
4. Is a claim of copyright infringement supported if two works share similar themes and setting, as well as words and short phrases? Explain.