Legal Definitions - scènes à faire

Term: scènes à faire

Scènes à faire refers to elements, settings, or plot devices that are so common, standard, or indispensable within a particular genre or type of creative work that they cannot be protected by copyright. These are unoriginal, stock elements that are practically necessary to tell a story in a specific context. Allowing copyright protection for such elements would unfairly restrict other creators from developing similar works within the same genre, as these elements are considered to be in the public domain for creative use.

Examples:

• Example: A Courtroom Drama
  In a story set in a courtroom, elements like a judge presiding, lawyers presenting arguments, a witness testifying, and a jury deliberating are considered scènes à faire. These are fundamental and expected components of any courtroom drama; you cannot realistically depict a courtroom without them. Therefore, no single author can claim exclusive copyright over the general concept of a judge or a jury in such a setting, although the specific dialogue or unique characterizations would be copyrightable.
• Example: A Western Film
  For a Western movie, common elements such as a dusty main street, a saloon, a cowboy riding a horse, or a climactic showdown are scènes à faire. These are iconic and widely recognized tropes of the genre, essential for establishing the setting and atmosphere. Because they are so standard and expected within the Western genre, they cannot be copyrighted by one filmmaker, allowing others to create their own Westerns without fear of infringement on these basic elements.
• Example: A Zombie Apocalypse Narrative
  In a story depicting a zombie apocalypse, elements like hordes of the undead, survivors scavenging for supplies, the search for a safe haven, or a desperate struggle for survival against the infected are scènes à faire. These are core, expected components of the genre. While specific expressions of these elements (e.g., a unique type of zombie or a particular safe haven's design) can be copyrighted, the general ideas themselves are not, allowing many different creators to tell their own zombie stories.