In Defense of Art

A copyright grants protection to the owner against any work which is “substantially similar” to the copyrighted work. This includes not only copying, but recreations of a copyrighted work as well. For instance, if you were to replicate the exact setting and elements of a particular photograph and recreate the picture using your own camera, you may be infringing on that photograph, even if you aren’t making an actual copy of the original. This is a powerful protection given to copyright owners, but it isn’t limitless. One of the limitations to this protection is known as the de minimis doctrine—literally, copying of such a trifling amount that the law need not be concerned. This week, we’ll cover what the de minimis doctrine is and when it may apply.