Is Copying The Idea For A Magazine Cover Infringement?

from the idea-vs.-expression dept

We're always told by copyright system defenders that there's an "idea/expression dichotomy" in copyright law that prevents copyright from really getting in the way of free speech. This is supposed to mean that it's perfectly fine to copy the idea, so long as you don't copy the fixed expression of that idea. In practice, this gets a lot trickier, with courts seeming to find all sorts of copied "ideas" infringing, even if they don't copy specific expression. So where is the line?

The folks at Chicago Magazine are apparently quite upset and are calling in the lawyers after discovering that a magazine in a small Russian city, called Krasnodar, copied the idea for the cover of a recent issue of the local magazine. There's no doubt that the idea was copied: The guy behind the Russian magazine (who happens to be an American from Boston) seems perfectly willing to admit that he copied the idea, noting:

"This is a tempest in a teapot if I've ever seen one. All creative inspiration is derivative. Some more so than others."

Chicago Magazine seems to think it's a bit more serious, and claim that this is a violation of its copyright:

There is a difference between a work that is inspired by another and one that is copied. Copyright laws are written to enforce that difference, and our lawyers are sending Krasnodar magazine a stern note.

So, where is the line? As far as I can tell, the specific expression here is different. The idea is obviously copied, but the execution is different. Is it infringement? And, if so, where is that line between idea and expression?

Filed Under: chicago magazine, copyright, expression, idea, magazine covers