Louisville, KY asked in Copyright and Intellectual Property for Kentucky

Q: Why are superpowers and abilities not undercopyright?

Would the power of seeing a person memories via their blood like in the underworld movie be under copyright protection?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Superpowers and abilities themselves are typically not protected by copyright because copyright law does not extend to ideas, concepts, or facts. Copyright protects the specific expression or manifestation of an idea, not the underlying idea itself.

In the case of the ability to see a person's memories through their blood, as depicted in the Underworld movie, the specific expression of this ability within the movie's plot, characters, and visual representation would be protected by copyright. However, the general concept of a superpower or ability allowing someone to access memories through blood would not be copyrightable.

This means that while no one can directly copy or reproduce the Underworld movie without permission from the copyright holder, the basic idea of this superpower could be used in other creative works without infringing on the movie's copyright, as long as the new work does not copy the specific way in which the Underworld movie expressed this ability.

It's important to note that while copyright law does not protect ideas, other forms of intellectual property, such as patents, may offer protection for certain inventions or methods that relate to abilities or superpowers if they meet specific criteria. However, this would be less common and more difficult to obtain compared to the creative expression of these concepts in artistic works.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.