Quote:
Originally Posted by HarryT
Yes, of course they are, but it didn't become a protectable idea until it was written down; that's my point. The idea doesn't get the protection until it's expressed in a concrete form.
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But it's still the idea that gets the protection, not the physical form.
If I had never heard of Harry Potter, but out of sheer luck happen to write the identical story myself, word for word, that would be copyright infringement (although extremely unlikely).
An idea has to be expressed in a tangible form in order to qualify for protection, but once it is, it's the idea, not the physical form, that is protected. Otherwise the above scenario would be legal since it didn't involve copying the concrete form.
ficbot's point is incorrect because he is talking about a general idea, not a specific one. Just because somebody writes "a" love song does not mean that "all" love songs are copyrighted. He does have a point though, in that most art is derivative of previous art. However, your point is incorrect as well. Specific ideas are protected, not just the concrete expression. If two musicians write "the same" love song, then one of them will get ownership of it via copyright (and could sue the other). It doesn't matter that they never "copied" the concrete expression. The specific idea of that exact song is what's protected.