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Definitions[]

Scènes à faire is

[a] stock character, setting, or event that is common to a particular subject matter or medium. Standard expressions that necessarily follow from the idea for a work of authorship.[1]

Scènes à faire refers to "incidents, characters or settings which are as a practical matter indispensable, or at least standard, in the treatment of a given topic."[2]

Computer Programs[]

[I]n many instances it is virtually impossible to write a program to perform particular functions without employing standard techniques. This is a result of the fact that a programmer’s freedom of design choice is often circumscribed by extrinsic considerations such as (1) the mechanical specifications of the computer on which a particular program is intended to run; (2) compatibility requirements of other programs with which a program is designed to operate in conjunction; (3) computer manufacturers’ design standards; (4) demands of the industry being serviced; and (5) widely accepted programming practices within the computer industry.[3]

References[]

  1. Compendium of U.S. Copyright Office Practices, Third Edition, Glossary, at 15.
  2. Atari, Inc. v. North American Philips Consumer Elecs. Corp., 672 F.2d 607, 616 (7th Cir.)(full-text), cert. denied, 459 U.S. 880 (1982).
  3. Computer Assocs. Int’l, Inc. v. Altai, Inc., 982 F.2d 693, 709-10 (2d Cir. 1992) (citations omitted)(full-text).
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