is Gates v. Bando. The court explained the policy and application of the doctrine to computer program copyright infringement cases in these terms: Under the scènes à faire doctrine, we deny protection to those expressions that are standard, stock, or common to a particular topic or that necessarily follow from a common theme or setting. Granting copyright protection to the necessary incidents of an idea would effectively afford a monopoly to the first programmer to express those ideas. Furthermore, where a particular expression is common to the treatment of a particular idea, process, or discovery, it is lacking in the originality that is the sine qua non for copyright protection. The scènes à faire doctrine also excludes from protection those elements of a program that have been dictated by external factors. In the area of computer programs these external factors may include: hardware standards and mechanical specifications, software standards and compatibility requirements, computer manufacturer design standards, target industry practices and demands, and computer industry programming practices. RG Anand v. M/s Deluxe Films, AIR 1978 SC 1613The plaintiff was the writer and producer of a play called "Hum Hindustani" that was produced in the period of 1953-1955. The play was based on the evils of provincialism. The defendant in 1956 produced a film called "New Delhi''". One of the themes of the film was provincialism, too. While evaluating whether or not the defendant had infringed the plaintiff's copyright, the Supreme Court of India held:There can be no copyright in an idea, subject matter, themes, plots or historical or legendary facts and violation of the copyright in such cases is confined to the form, manner and arrangement and expression of the idea by the author of the copyright work. (emphasis supplied)Therefore, the court held that there is a standard way of dealing with the theme of provincialism, and there can be no copyright over that theme. Consequently, a question of infringement does not even arise. See also Fair use Idea-expression divide References Further reading Asked Questions (and Answers) about Fan Fiction, Chilling Effects. Legal doctrines and principles French legal terminology Copyright law