Protecting a Delicate Balance: Facts, Ideas, and Expression in Compilation Copyright Cases

The fact/expression and idea/expression dichotomies are two of copyright law's most important doctrines for preserving a vibrant public domain and protecting free expression interests. Recently, those doctrines have been interpreted narrowly in important federal court decisions dealing with the protection of compilations of information. This article analyzes these cases and suggests changes in the interpretation of the law.