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Generally, ideas have been thought of as free, whereas original expression is the stuff of copyright. But at least in certain circumstances under California law, ideas aren’t free. And we will increasingly encounter expressive works that are not protected by copyright because they were not authored by humans. Meanwhile, courts continue to grapple with the age-old idea/expression dichotomy, and whether and when they can decide that two works are not substantially similar as a matter of law, whether in protectable expression (in copyright infringement cases) or in idea (in idea submission cases). In this talk, Elaine Kim will share some observations about recent cases and trends in entertainment litigation over ideas and expression.
Elaine K. Kim is a partner at Mitchell Silberberg & Knupp LLP (MSK), a law firm with deep roots in Los Angeles’s entertainment industry since 1908. Elaine currently co-chairs MSK’s Litigation department, and previously co-chaired the firm’s Intellectual Property practice group. She specializes in intellectual property and entertainment matters, and counsels and represents studios, production companies, game developers, and other content creators. She has defended studios, producers, and writers against copyright infringement and idea submission claims, involving popular films and television shows — sometimes, claims asserted by multiple plaintiffs over the same property. She has also prosecuted copyright claims against infringers, and counsels clients on protecting their works. Elaine also serves as an officer and trustee of the Los Angeles Copyright Society, and as an executive committee member of the USC Gould School of Law Intellectual Property Institute.