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.
