Explain Why Fixation Is an Essential Element of Any Copyright

Essay

Explain why fixation is an essential element of any copyright claim.Should the originality requirement be sufficient? In Gould Estate v Stoddart Publishing Co, a journalist named Jock Carroll visited with Glenn Gould, who was soon to become a world famous pianist, but at that point was still a largely unknown artist.As the pair chatted about a range of topics, Carroll snapped 400 pictures, tape recorded some discussions, and wrote notes for others.After Gould's death many years later, Carroll published a book containing photographs and quotations from the time that the pair spent together.Gould's estate sued Carroll for breach of copyright.The court rejected that claim on the ground that the copyright owner was actually the person taking the notes, and not the person who was being quoted.Do you think this is a fair way to allocate copyright?