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When is an idea protectable? This question is
front-and-centre for many entrepreneurs. When can they discuss
their business idea, invention, or brilliant screenplay?
This story relates to the protectability of ideas under the law
of copyright. Basically, there is no protection under copyright law
for an idea itself, only the particular form and expression of that
idea. This was illustrated last week in Elijah
Schkeiban v. James Cameron et al (Case No.
2:12-cv-00636, California Central District Court), where the
plaintiff claimed that Mr. Cameron's blockbuster Avatar film
infringed copyright in Elijah Schkeiban's screenplay entitled
"Bats and Butterflies". In this case, the plaintiff
alleged that certain character traits and plot elements were copied
by Cameron. These broad elements of a story - good guys vs. bad
guys, or flawed protagonists - are precisely the things that are
not protectable. The case was dismissed.
It is important to note that courts will review elements of
expression such as plot, themes, dialogue, mood, settings and
characters, to determine if infringement occurs.
Compare this to earlier decisions that we reviewed here:
(Copyright: Apps and APIs; Tetris Holding LLC v. Xio Interactive, Inc.)
in which the court decided that the look-alike
game Mino did infringe the protectable "look and
feel" of Tetris; also see
Dath v. Sony Computer Entertainment America Inc., where the US
Ninth Circuit Court of Appeals upheld the lower-court decision in a
copyright infringement case involving the Sony PS2 and PSP title
"God of War". The plaintiffs alleged that Sony infringed
copyright in their written works about war between Sparta and
Athens. No infringement was found in that case. (Reviewed in
App Law Round-Up.)
Want to know who James Cameron really copied? Go see Fern
Gully.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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