Coldplay Sued Again For Copyright Infringement... But Is It Actually A PR Stunt By No Name Musician?

from the idea-expression-anyone? dept

The more successful you are, the more likely you are to get sued over some bogus claim of copyright infringement, it seems. Having just settled a silly lawsuit from Joe Satriani, it seems that others are stepping forward to see if Coldplay will settle with them. This latest one is seriously ridiculous. Peter Friedman has the details of a guy who is suing Coldplay for copyright infringement, because in a recent video they used the idea of interacting with things happening on a chalkboard. Seriously. Check the two videos out:

The only thing in common is the concept of interacting with chalk on a wall. Even the actual themes of the video are entirely different. And, of course, there have been many other videos predating this other guy's.

My guess is that the guy suing knows all of this (or had a lawyer explain it to him), but he's still suing for one reason: because it may get his video and his name some attention (which is why we're not naming him directly in this post). These are the types of lawsuits for which there should be serious sanctions against those bringing them. It's almost certainly a bogus lawsuit. Copyright doesn't cover an idea, and the idea itself wasn't even that original. The videos are entirely different. This has a high likelihood of simply being abuse of copyright law and the court system because some unknown musician wants extra attention.

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Is There Really An Idea/Expression Dichotomy In Copyright?

from the it's-difficult-to-see dept

Copyright system defenders often trot out the commonly accepted wisdom that copyright does not protect "ideas" and that there's an important "idea/expression" dichotomy, where it's only the specific expression that's protected, not the ideas. However, the reality is that both individuals and courts seem to have a pretty difficult time distinguishing between the two, and always have. While perhaps there's some platonic ideal where it's easy to tell the difference between an idea and the expression of that idea, it's much harder in practice. Recent studies have shown how notoriously difficult this distinction is in practice, leading to serious questions about how copyright violates the First Amendment.

The latest example of this is the ruling banning the publication of the "modern" sequel to The Catcher in the Rye. If there really were a distinction between the idea and the expression, then a sequel would never be seen as infringing, unless it used significant text directly from the original. Yet, in this case, the ban on publication is making some wonder where that mythical idea/expression dichotomy really exists:

First, it exposes the lie that is perpetuated in the legal community that copyright laws don't protect "ideas", but rather only the "concrete expression" of ideas. In practicality, this statement is pure nonsense as evidenced by the fact that a copyrighted work seals in monopoly protections of "characters" and "derivative works" - even if such derivative works don't include any actual "copying" of cloned material from the underlying work.

For instance, if I feel that I have a far better script or storyline that utilizes the character of James Bond, but without utilizing any previous cloned image from a Bond film and without copying previously used dialogue beyond a minimal instance of "My name is Bond...James Bond." or "Shaken...not stirred.", I still would not be able to create it, because Ian Flemming's estate and/or Sony Pictures, etc. has a monopoly over the IDEA of James Bond.

I would argue that by protecting "derivative" works, copyright effectively asserts control over ideas - except for those envisioned at the most abstract levels.

I'm sure we'll get angry comments from some of the copyright defenders who are always quick to chide, but I'm curious how they can use the so-called idea/expression dichotomy as a defense against a First Amendment violation, when that dichotomy doesn't really seem to exist. Copyright system defenders, for years, have relied on the whole "idea/expression" split to explain away how copyright law can be compatible with the First Amendment's insistence that "no law" may be passed that inhibits freedom of speech. If you realize that said split doesn't really exist (or, at the very least, is not enforced by the courts), you have a big, big constitutional problem.

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