I. Problem The key question in the lawsuit is whether Seth, (Kelli), infringed Maxwell (Stephen), copyright by using his map from his book.
II. II.
Hamilton v. United States, 583 F.2d 448 (9th Cir. 1978)
III. Analyse
The subject matter of copyrights as described in chapter 17USCS102 is patentable if any original work by the author, fixed in any material, is seen or considered to have been copied either directly or using a device. The oeuvre of a writer includes both visual and pictorial works as well as sculptural ones.
United States against Hamilton held that the copyright to an original piece that was used in the creation of a map using synthesised data from various sources is considered to belong to the cartographer. This could occur during collection of similar works. The defendant in United States v. Hamilton claimed that the map was an amalgamation of previously public domain content and therefore could not be considered a copyright violation (Stim 2020).
Maxwell was granted copyrights because of the uniqueness of Maxwell’s color-coding. Seth’s unauthorised use of Maxwell’s map is therefore an infringement on Maxwell’s original works (Stim 2020).
IV. IV.
To be considered for copyright protection one must show originality in order to have their works eligible. Maxwell uses a color-coded process to indicate the town’s population. Red was used for densely populated areas, while green was used in rural areas. The uniqueness of the map was not lost on Maxwell, who used a color-coding system to prove that he had made an original piece. Anyone who infringes on the private rights of a copyright owner is subject to the provisions of USCS 501 section 106, 122 and 501. Seth’s unauthorized usage of Maxwell’s works is a violation of Section 102, Title 17 United States Code. Accordingly, Seth will be found guilty of violating 17USCS102a concerning copyright (Stim 2020).
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