Tabberone is pronounced tab ber won not tay ber own

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From My Web Grocer v. Hometown Info, 375 F.3d 190 (2nd Cir 2004) If MyWeb's product descriptions are found to be sufficiently creative to be original, a challenge based on the merger or scenes a faire doctrines would likely be unsuccessful. The merger doctrine bars a copyright of even original expression "when there is essentially only one way to express an idea" and thus "the idea and its expression are inseparable." Computer Assocs. Int'l v. Altai, Inc., 982 F.2d 693, 707-08 (2d Cir.1992) (internal quotation marks omitted). The merger doctrine renders some aspects of the product descriptions unprotectible -- " such as the decision to include information culled from product packaging in a product description. If such inclusion were protected, MyWeb could potentially own a copyright in the idea of online grocery shopping. However, as noted above, only very limited aspects of the arrangement and selection of information chosen by MyWeb may be found, after the introduction of further evidence, to be sufficiently original to be copyrightable. This thin copyright, if warranted, would not give MyWeb a copyright in the idea of online grocery stores, but only in its original selection and arrangement of descriptive information. Thus, the merger doctrine would not invalidate MyWeb's copyright in the original elements of its selection and arrangement. Scenes a faire are unprotectible elements that follow naturally from a work's theme rather than from an author's creativity. See id. at 715. For example, "[f]oot chases and the morale problems of policemen, not to mention the familiar figure of the Irish cop, are venerable and often-recurring themes of police fiction. As such, they are not copyrightable except to the extent they are given unique -- " and therefore protectible " -- expression in an original creation." Walker v. Time Life Films, Inc., 784 F.2d 44, 50 (2d Cir.1986). In the present matter, the scenes a faire doctrine would render unprotectible only those elements of the product descriptions that are unprotectible for lack of originality or due to the merger doctrine. For example, use of an item title or manufacturer in a product description might be an unprotectible scene a faire, but these would already be unprotectible for lack of originality or because protecting them would result in a copyright over an idea. Selection or arrangement choices, however, if found sufficiently creative to be original, would not be scenes a faire.