Legal Definitions - abstractions test

The abstractions test is a method used in U.S. copyright law to determine if one work has unlawfully copied another. Its primary purpose is to distinguish between unprotectable general ideas and protectable specific expression.

Copyright law protects the unique way an idea is expressed, not the idea itself. The abstractions test helps courts draw this line by examining the two works (the original and the alleged copy) at various levels of detail, from the most specific elements to the most general concepts. By progressively "abstracting" away the details, the court can identify whether the alleged infringer copied the unique, creative choices and arrangement of elements (the protectable expression) or merely used a similar underlying concept or theme (an unprotectable idea).

Here are some examples of how the abstractions test might be applied:

• Literary Works: Imagine an author writes a fantasy novel about a young orphan who discovers they have magical powers and must defeat an evil sorcerer. Another author later publishes a novel with a similar premise. The abstractions test would be used to compare the two. While the idea of an orphan with magical powers fighting evil is a common, unprotectable trope, the test would examine whether the second author copied the specific plot twists, unique character backstories, distinctive magical system, or particular narrative style and dialogue that constitute the first author's protectable expression. If only the general idea was shared, there's no infringement; if the specific creative details were replicated, there might be.

• Software User Interfaces: Consider a company that develops a unique mobile application for managing personal finances, featuring a distinctive layout, specific icon designs, and a particular workflow for budgeting. A competitor then releases a similar app. The abstractions test would help determine if the competitor copied the specific visual design elements, the unique arrangement of buttons and menus, or the particular user interaction sequences that make the first app's interface distinctive. The general idea of a financial management app is not protectable, but the specific creative choices in its user interface design could be.

• Dramatic Works: A playwright creates a play about a group of friends reuniting for a weekend getaway, during which old tensions resurface and secrets are revealed. Another playwright later stages a play with a similar premise. The abstractions test would analyze whether the second play copied the specific character arcs, unique dialogue, particular dramatic structure, or distinctive comedic timing that define the first play's creative expression. The general idea of friends reuniting and facing past issues is a common theme in drama and is not protectable by copyright; only the specific way that story is told could be.