This section contains the nature of the case and procedural background.

P is the copyright owner of a set of rules for a sales promotional contest of the 'sweepstakes' type involving the social security numbers of the participants. P alleges that D infringed, by copying, almost precisely. P's rendition of Rule 1: '1. Entrants should print name, address and social security number on a box top, or a plain paper. Entries must be accompanied by * * * box top or by plain paper on which the name * * * is copied from any source. Official rules are explained on * * * packages or leaflets obtained from dealer. If you do not have a social security number you may use the name and number of any member of your immediate family living with you. Only the person named on the entry will be deemed an entrant and may qualify for prize. 'Use the correct social security number belonging to the person named on entry * * * wrong number will be disqualified.' D's rendition of Rule 1: '1. Entrants should print name, address and Social Security number on a Tide box top, or on [a] plain paper. Entries must be accompanied by Tide box top (any size) or by plain paper on which the name 'Tide' is copied from any source. Official rules are available on Tide Sweepstakes packages, or on leaflets at Tide dealers, or you can send a stamped, self-addressed envelope to: Tide 'Shopping Fling' Sweepstakes, P.O. Box 4459, Chicago 77, Illinois. 'If you do not have a Social Security number, you may use the name and number of any member of your immediate family living with you. Only the person named on the entry will be deemed an entrant and may qualify for a prize. 'Use the correct Social Security number, belonging to the person named on the entry -- wrong numbers will be disqualified.' D denies that P's Rule 1 is copyrightable material, and denies access. The district court held that the substance of the contest was not copyrightable. The court held for D. P appealed.

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