"The fact that no one (including Brunell) ever claimed copyright on charts tells us that their content was common knowledge by the time they made it to print in the 1890s. If anyone had a significant case that they owned the intellectual property of the charts, surely they would have come forward considering the money they could have made."

Historical criteria as applied to 2009 Kentucky Derby prospects. Includes 2003-2008 Derby fields and 1998-2008 top three finishers for background.