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Legal Definitions - level of abstraction

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Definition of level of abstraction

Level of Abstraction: The degree to which a creative work describes an idea, process, or story in a general rather than a specific, detailed way.

In copyright law, this concept is crucial for distinguishing between an unprotectable underlying idea and a protectable, original expression of that idea. As more specific details are removed from a work, it becomes increasingly abstract, eventually reaching a point where it represents a general concept that cannot be copyrighted, rather than a unique, concrete expression that can. The more specific and detailed a description, the lower its level of abstraction and the more likely it is to be considered a protectable expression.

  • Example 1: A Cookbook Recipe

    Imagine a cookbook that contains a very specific recipe for "Spiced Apple Crumble with Cardamom Cream." This recipe includes exact measurements for each ingredient, a unique blend of spices, precise baking temperatures and times, and detailed, step-by-step instructions for preparing both the crumble and the cream. This particular, detailed combination and presentation of instructions represents a low level of abstraction – it's a very concrete expression.

    However, the general idea of "a recipe for apple crumble" is a high level of abstraction. This broad concept, without specific ingredients, measurements, or unique preparation methods, is an uncopyrightable idea. The specific, detailed recipe is the protectable expression, while the general notion of an apple crumble recipe is not.

  • Example 2: A Fantasy Novel

    Consider a fantasy novel titled The Chronicles of Eldoria: The Crystal of Aethel. This novel features unique characters with distinct backstories and magical abilities, a meticulously crafted world with its own history and geography, a complex plot involving specific prophecies and ancient artifacts, and original magical systems. The specific narrative, character development, world-building details, and plot twists constitute a low level of abstraction – they are the concrete, copyrightable expression of the story.

    In contrast, the general idea of "a fantasy story where a young hero discovers magic and fights an evil overlord to save the world" represents a high level of abstraction. This broad concept is a common trope and an uncopyrightable idea. It is the unique and detailed way the author expresses this idea through specific characters, plot, and world that becomes the protectable work.

Simple Definition

In copyright law, "level of abstraction" describes how generally or concretely a work presents an idea or process. Judge Learned Hand's test explains that as details are removed, a work becomes more abstract, eventually reaching an uncopyrightable general idea rather than a protectable, original expression. This concept helps determine what specific elements of a work are eligible for copyright protection.