Part II of this paper, entitled “Wish and Deed,” sets forth an account of the law of first possession through an analysis of the classic case of Pierson v. Post. Part III, entitled “Idea and Expression,” briefly sets forth an account of the idea/expression dichotomy in copyright law through discussion of the classic case of Nichols v. Universal Pictures Corporation. On that basis, Part III unfolds a correspondence between animus and factum in property law and idea and expression in copyright law. Part IV, entitled “Things and Speech,” suggests through discussion of the classic case of Feist that central doctrines in copyright law safeguarding the contours of the public domain can be solidly anchored in an account of the nature of authorship.
Capturing Ideas: Copyright and the Law of First Possession,
54 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol54/iss1/10