Illinois
How Bleistein v. Donaldson Lithographing Co. applies in Illinois: state-specific rules, key cases, and bar exam notes for Copyright.
Illinois generally follows established federal copyright principles, including the notion that artistic works deserving of copyright protection should not be limited by subjective standards of artistic merit or popularity, echoing the principles laid out in Bleistein v. Donaldson Lithographing Co.
In Illinois, as guided by Bleistein, copyright protection extends to any original work of authorship without regard to the perceived artistic quality, as long as it is fixed in a tangible medium of expression.
The court upheld the protection of software under copyright law, emphasizing originality and fixing in a tangible medium.
Reinforced the premise that copyright protection exists regardless of the commercial success of the work.
Established a precedent recognizing copyright in expressive works that may lack mainstream appeal.
Illinois aligns closely with the federal copyright framework, affirming that the standard for originality and protectable expression is consistent with federal rulings post-Bleistein. Both systems reject the idea that copyright protection should be limited to works of significant artistic merit.
Understanding the implications of Bleistein is essential for the Illinois bar exam, particularly in addressing copyright questions where artistic value and originality are contested.