[WikiEN-l] Plot Element Copyright

[WJhonson at aol.com]

In another thread it was commented in passing that "plot elements" are  
copyright.  The loosely-formed statement might naturally lead to an idea  that you 
cannot describe the plot of a work.  This conclusion would be  false.
 
Copyright protection affords the author of a work a way to prevent others  
from profiting off their work in a form substantially similar to the underlying  
work.  When there were only a few forms of tangible media, this wasn't an  
issue.
 
The essential feature of copyrighting plot elements, is to prevent a person  
from taking a book and turning it into a play, movie, audio recording which  
necessarily is *not* substantially similar to the original work in physical  
form, but yet is, in mode, tone, intent, characters and plot.
 
However I can take your movie, and create a spoof-book without violating  
your copyright, because parody enjoys a wide-ranging latitude from the copyright  
law.
 
Obviously it should be clear, that for the intents of describing a work for  
a review, you must actually describe it, and you may, just as well describe 
the  first fifteen minutes, as the last, or the entire work.  Since a review, or 
 article, or synopsis, is not in-fact substatially similar, *even if* it 
gives  away the entire plotline, there is no copyright infringement.  The only  
time this would be an infringment is when, in fact, you are copying  
substantially someone else's plot line synopsis.  Or in the case where your  synopsis 
essentially *is the primary or motive cause* for people not to purchase  the 
product.  I don't know of actually any case where this has been shown  to have 
occurred. 
 



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