In this article, Edwin Komen Esq., reviews the 10th Circuit decision in the case of Blehm v. Jacobs. Blehm had a stick figure called "Penman" and Jacobs had a stick figure called "Jake". The two stick figures are shown here with Penman on the left and Jake on the right. Blehm sued Jacobs on the basis that Jacobs had infringed on his copyright of the Penman stick figure. At the district court the Judge ruled in favor of Jacobs on the basis that the Penman figure was not substantive enough of a work to qualify for copyright protection. Blehm appealed the decision. Although the appellate court came to the same result as the district court, a victory for Jacobs, it was for an entirely different reason. Read this article to learn more about how courts will analyze your copyrights.
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