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When analyzing a claim under 42 U.S.C. § 1983 that a law enforcement officer used excessive force during the course of a seizure, courts typically use the objective reasonableness standard of the Fourth Amendment. In Bryan v. MacPherson, the Court of Appeals for the Ninth Circuit considered whether a police officer’s use of an electronic control device (ECD)—commonly known as a Taser—during a traffic stop for failure to use a seatbelt violated the plaintiff’s Fourth Amendment rights. Because of the significant level of force delivered through Tasers like the one the officer used in this case, the court determined that ECDs may only be used when justified by a strong governmental interest. As the officer had no reason to suspect the plaintiff was a dangerous felon or presented an immediate threat to the officer or others, the Ninth Circuit held that the use of an ECD violated the plaintiff’s right to be free from excessive force. . .
Originality stands as both a constitutional and statutory prerequisite for copyright protection. Nevertheless, the absence of a clear definition of copyright originality in the Copyright Act and in judicial application has lead to uncertainty regarding the meaning of the term “originality” in copyright law. Despite the ambiguity, originality endures as the very premise of copyright law and requires thorough articulation in order to establish the boundary between a truly original work and a work exhibiting only a marginal contribution by the alleged author. In Schrock v. Learning Curve International, Inc., the Seventh Circuit Court of Appeals examined whether inherently accurate product photographs contained the requisite amount of originality to be entitled to copyright protection as derivative works. By concluding that derivative works are not held to a higher standard of originality than other works, the Seventh Circuit Court of Appeals declared that the combination of the photographer’s technical and artistic choices produced a sufficient degree of creative distance to warrant a finding of originality. . .