MORE ON COPYRIGHT INFRINGEMENT ― ORIGINALITY, SCENES A FAIRE, AND MERGER

摘要

We found the court's analysis of the originality question, scenes a faire, and the merger doctrine to be very informative and worthy of our attention. Among other things, the decision highlights the importance of knowing what aspects of a copyrighted work are (and are not) protected by the copyright laws. As noted above, not all copying is illegal. On the contrary, one can always copy things that are not original, that are commonplace as scenes a faire, or that are ideas (as opposed to expressions of those ideas). All to say, we would commend this decision to corporate counsel's attention.