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Intellectual Property Law

University of Kentucky

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2006

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Full-Text Articles in Law

Copyright, Originality, And The End Of The Scenes A Faire And Merger Doctrines For Visual Works, Michael D. Murray Jan 2006

Copyright, Originality, And The End Of The Scenes A Faire And Merger Doctrines For Visual Works, Michael D. Murray

Law Faculty Scholarly Articles

The merger doctrine in copyright states that if an idea and the expression of the idea are so tied together that the idea and its expression are one - there is only one conceivable way or a drastically limited number of ways to express and embody the idea in a work - then the expression of the idea is uncopyrightable because ideas may not be copyrighted. The scenes a faire doctrine complements the merger doctrine by providing that certain subject matter - stock images, tried and true story lines, fables and folklore, scenes of nature, common visual and cultural references, …