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Scènes À Faire As Identity Trait Stereotyping, Jasmine C. Abdel-Khalik
Scènes À Faire As Identity Trait Stereotyping, Jasmine C. Abdel-Khalik
Faculty Works
Judge Learned Hand's decision in Nichols v. Universal Pictures is unquestionably seminal in the development of copyright law. For the first time, a court articulated that stock characters, a form of scènes à faire, are so fundamental that all should have access. Therefore, a stock character, like one defined simply as a butcher with a cleaver and in a white coat, is not copyright protectable material.
However, the specific stock characters identified by Judge Hand raise some previously unexplored questions. The decision identifies two stock characters: "the low comedy Jew and Irishman." What exactly is “the low comedy Jew and …