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Ecalnea, 3S
FINAL PAPER
explained by the Collins, she was not familiar with Battle Royale and
that her primary inspiration for the book was the Greek myth of
Theseus and the Minotaur. This fact should be related again to the
fundamental principle of IP law and the concept of public domain.
This Greek myth is already a part of public domain which is free to be
adapted, used, or even modified by any person or writer. Therefore,
inspirations which are already part of public domain is not an act of
infringement. Using an existing art for inspiration is not actionable
because there exist a presumption that such existing art was actually
taken from another pre-existing art.
Second, the essential requisites of infringement are not present
in the case. It is not the similarity of the idea of the plot which is
protected by copyright laws but the expression of these ideas. In
order to sustain a case of infringement, it is important that the
infringer copy either the whole work or scene-by-scene or words-bywords of the other. In this case, aside from the plot of the story,
everything is different. The artists and characters are different. The
setting of the scenes and installations are very different. Therefore, to
sustain the case of infringement in this particular case, there must be
at least a proof of plagiarism.
Conclusion
In analyzing this case and others of the same, there are two
essential queries that must be considered. One, there must be an act
of copying of the scene or the exact dialogues which is the
expression of the ideas of the author. Second, the importance of the
inspiration of the author. If the inspiration came from the public
domain and the work is actually derived from such, it will not be
subject to infringement.
In the end, it will all go back to the principle of IP Law the
importance of balancing the protection of the works and rights of the
authors as to encourage them to produce more and that of the benefit
of the public after the lapse of the protection when the works become
part of the public domain. After all, stories may be of the same ideas
and plot but there are countless unique ways to tell them.