Copyright Infringement: An Argument for the Elimination of the Scenes a Faire Doctrine

Authors

Don M. Tamura

Abstract

This note deals with a relatively obscure aspect of copyright law-the scones a faire doctrine. In recent years it has gained popularity as a defense for potential infringers. The note first discusses the background of copyright law and the elements of a copyright infringement action. Then, two major theories and a procedural methodology are outlined before the scones a faire doctrine is defined and analyzed. After comparing the doctrine with the established theories of copyright protection, the author concludes that the doctrine is seriously flawed and conflicts with the other theories.

Recommended Citation

Don M. Tamura, Copyright Infringement: An Argument for the Elimination of the Scenes a Faire Doctrine, 5 UC Law SF Comm. & Ent. L.J. 147 (1982).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol5/iss1/8