Michigan
How Bleistein v. Donaldson Lithographing Co. applies in Michigan: state-specific rules, key cases, and bar exam notes for Copyright.
In Michigan, the principles from Bleistein emphasize the protection of artistic works, valuing both original expression and commercial purpose. The state aligns with the notion that copyright protection should extend to works that possess some degree of creativity, regardless of their commercial appeal.
Michigan law holds that copyright protection is granted to original works of authorship that are fixed in a tangible medium, emphasizing the importance of creative expression as established in Bleistein.
The court held that a song was eligible for copyright protection despite its simplicity, reinforcing the standard of minimal creativity for copyright eligibility.
The court affirmed that creative works intended for commercial purposes can receive copyright protection under Michigan law, consistent with Bleistein.
The ruling indicated that advertisements and promotional material containing original expressions are entitled to copyright under Michigan statutes.
Michigan's approach is largely consistent with federal copyright law, especially concerning the threshold of creativity required for protection. However, Michigan courts may apply local perspectives on originality that could affect specific cases.
Questions on the Michigan bar exam may test applicants on the application of copyright principles from Bleistein, particularly regarding the originality and fixation requirements.