Michigan
How Burrow-Giles Lithographic Co. v. Sarony applies in Michigan: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Michigan courts recognize the principles established in Burrow-Giles Lithographic Co. v. Sarony regarding the protection of original works of authorship and the necessity of attribution for derivative works. The emphasis is placed on both originality and fixation in a tangible medium.
In Michigan, copyright protection extends to original works that are fixed in a tangible medium of expression, inclusive of artistic and literary works, mirroring the foundations laid in Burrow-Giles Lithographic Co. v. Sarony.
The court reaffirmed that originality is the key test for copyrightability in Michigan, emphasizing the need for a work to possess some minimal degree of creativity.
This case clarified that the publication of codes does not necessarily negate copyright if the originality criteria are met.
The court emphasized the importance of an artist’s moral rights, supporting the principles regarding attribution and integrity outlined in Sarony.
Michigan's copyright law aligns closely with federal standards under the Copyright Act, particularly with respect to originality and the fixation requirement. However, Michigan courts have developed state-specific interpretations regarding moral rights, which may extend protections beyond federal provisions.
Understanding the application of Burrow-Giles in Michigan is crucial for the Intellectual Property section on the bar exam, especially as it relates to originality and copyright issues.