Louisiana
How Computer Associates v. Altai applies in Louisiana: state-specific rules, key cases, and bar exam notes for Copyright / Intellectual Property.
Louisiana law, particularly under the Louisiana Intellectual Property Law (LIPL), closely aligns with federal copyright principles, but with additional emphasis on fair use and the unique character of Louisiana's civil law system. Louisiana courts tend to focus on the functional and artistic aspects of software when assessing copyright infringement.
In Louisiana, as governed by LIPL and aided by Computer Associates v. Altai principles, copyright protection may emphasize separating original expression from ideas or functional aspects, and the determination of copyright infringement requires a qualitative assessment of similarity and substantial similarity.
The court held that the application of copyright principles must take into account both the functional aspects and the artistic expression in educational software.
The court concluded that the unauthorized use of styled text and presentation in an educational report infringed upon copyright protections as they entailed original expression.
The court determined that modifications to an existing software had infringed upon copyright rights due to lack of substantial change in expressive elements.
Louisiana’s approach mirrors the federal approach articulated in Computer Associates v. Altai, particularly regarding the abstraction-filtration-comparison test to assess copyright infringement. However, Louisiana may incorporate additional considerations of state-specific legislation and civil law principles, which can modify interpretations slightly from the federal framework.
Louisiana bar exam candidates should be aware of the distinction between Louisiana’s adaptation of copyright principles and federal standards, specifically in the context of software and computer programs.