Whether comic book characters are protected independently from the copyrighted work due to their original and consistent aggregation of traits

QUESTIONS PRESENTED 1. The Copyright Act defines statutorily eligible works in 17 U.S.C. § 102(a). While § 102(a) does not list Comic Book Characters, some Circuit Courts have held that comic book characters are independently protected as components of copyrighted works due to the character’s original and consistent aggregation of traits and to characters that are so important to the work that they are considered the story told. Yet, despite the lack of prior art for Restin Dane’s essential aggregation of traits and Restin being the story told, the Eleventh Circuit denies protection for Restin independently. The first question for this Court is whether distinctive characters, like comic book characters, are protected independently from the copyrighted work due to their original and consistent aggregation of traits, and if so, whether said aggregations are the proper points of comparison? 2. There is a split among the circuits as to whether copyrightability and degree of similarity involve questions of fact. If so, this Court holds that such questions of fact are resolved by the jury—not by a judge’s subjectiveness where Constitutional rights are concerned. Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (1998). The second question for this Court is whether copyrightability and degree of similarity involve questions of fact for the jury? 3. This Court tasked the District Courts to serve as gatekeepers to ensure that expert evidence is trustworthy. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, (1993). The third question for this Court is whether it is reliable that a real party in interest serving as an expert witness would purely opine, using a soft science, against said interest? ii .