A fundamental precept of U.S. intellectual property law is that copyright protects expression, not facts. This distinction is critical to the promotion of “science and the useful arts,” the constitutional mandate on which the copyright laws are based.
Copyright must preserve and protect economic incentives for creativity while at the same time avoiding any chilling effect on the creation of new works and forms of expression. This is a fine balance and a source of a great deal of scholarly output, legislation and litigation.
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