I think there is a distinction to be made between different styles of headnotes. Lexis Headnotes, for instance, are mere summaries, often taken directly from the text (Lexis brags about this), but West attorney editors have to restate points of law to digest them (assign West Topics and Key Numbers)
Reposted from
The Questionable Authority
On the "what I think Judge Bibas got wrong" front:
He is, IMO, far too generous in finding that the headnotes are protectable. To an extent, frankly, that I think is dangerous. Headnotes are not just factual works; they're ones that closely align with the unprotected text of the decision.
He is, IMO, far too generous in finding that the headnotes are protectable. To an extent, frankly, that I think is dangerous. Headnotes are not just factual works; they're ones that closely align with the unprotected text of the decision.
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