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Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that in Nymex , the majority of a Second Circuit panel repeatedly stressed the point that market prices "feel" like facts, not creative works, and made clear that settlement prices do not meet the required creativity standard. Because the court found the settlement prices un-copyrightable under the merger doctrine, the entire discussion of creativity is dicta and technically unnecessary.
September 25, 2007 at 12:00 AM
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