“Unprotectible ideas, concepts or abstractions”

January 4, 2013

  • 99 Copyrights and Intellectual Property
  • 99I Copyrights
  • 99I(A) Nature and Subject Matter
  • 99k3 Subjects of Copyright
  • 99k7 k. Dramatic Works, Pantomimes, and Choreographic Works.

99 Copyrights and Intellectual PropertyNovel One Fine Day, which told the story of a man trapped in a repeating day, forced to live the same day over and over, was not substantially similar to the movie “Groundhog Day,” also featuring a man caught in a repeating day, precluding finding of copyright infringement; although novel and film were based on same idea, novel was dark and introspective, while film was essentially a romantic comedy, and any similarities between the two related only to unprotectible ideas, concepts or abstractions.
Arden v. Columbia Pictures Indus., Inc., 908 F. Supp. 1248 (S.D.N.Y. 1995)
Suggested by Ben Frisch, Senior Attorney Editor, Westlaw