The De Minimis Doctrine: How Much Copying Is Too Much?
Communications Lawyer
Spring 2006
This article discusses the de minimis doctrine, which exists to identify when enough copying has occurred to establish liability for copyright infringement. Recent decisions addressing the de minimis doctrine are surfacing in courts across the country, and involve a variety of creative materials used in television, film, advertising, and musical compositions. The authors survey a variety of cases involving the de minimis doctrine in order to show the emerging standards surrounding this doctrine.