GROUNDING THE SCÈNES À FAIRE DOCTRINE.

The scènes à faire doctrine is one of several "limiting principles" judges apply during the infringement analysis to limit the scope of protection for certain elements of an expressive work. Though first applied in the context of literary works and motion pictures, the doctrine has extended to new contexts, playing an important role in the adjudication of functional works and signaling the doctrine's utility as a scoping mechanism across different subject matter. Despite its practical and conceptual importance, the scènes à faire doctrine remains misunderstood. Because the doctrine offers the ability to integrate comparatively concrete principles and details into copyright's infringement analysis, it is especially important to develop a more accurate understanding of the doctrine's proper scope. This Article seeks to offer a more accurate and grounded understanding of the doctrine's origins and purpose. Doing so helps disentangle the doctrine from other limiting doctrines with which it is often combined, conflated, and confused. By articulating ways in which the discourse has gone astray and the risks undermining the doctrine, this Article seeks to reaffirm the doctrine's vitality and cohesion as a flexible and practical tool in the judicial toolkit for nonidentical copyright infringement cases. [ABSTRACT FROM AUTHOR]