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Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

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Copyright Protects 'useful' But Not 'common' Design Elements

Wednesday, February 02, 2011 01:37 am

 
MILLER ACT DOESN'T PREVENT SURETY FROM SETTING BOND EXPIRY

CONTRACTOR ACTED IN BAD FAITH BY PASSING UNEXPLAINED COSTS ON TO ITS SUB

CONTRACTOR'S FAILURE TO RELEASE LIENS DOESN'T FORFEIT PAYMENT

FED AGENCIES NOT EXEMPT FROM STATE LAWS THAT PROTECT CONTRACTORS

DECISIONS OF THE BOARDS OF CONTRACT APPEAL: DON'T TAKE GOVT. LENIENCY AS WAIVER OF DUTY TO MEET CONTRACT DEADLINE

A GOVT. CLAIM DECISION MAY REASONABLY TAKE 9 MONTHS -- BUT NO LONGER

DECISIONS OF THE COMPTROLLER GENERAL: GOVT. NEEDN'T HOLD DISCUSSIONS UNLESS IT EXPRESSLY PROMISES TO

GOVT. CAN ONLY EVALUATE WHAT YOU DEMONSTRATE

Construction project designs often include features that are utilitarian in nature and/or common to countless other projects. Such designs can prevail in copyright infringement disputes -- as long as illegal copying is plainly evident. "Common" features must be part of an overall design that has been appropriated to be part of a valid copyright infringement c[...]

 
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