With thanks to the Wall Street Journal Law blog; It seems that the courts are getting set to further define if or when copyright can apply to ideas. In this case, a NYC Theater (pronounced Thee-aht-ter) director has gone at odds with a playwright and production company, claiming that his directorial staging constitutes a copyrightable element, for which he claims he is now owed over 3 Million Dollars for infringing performances.We all know the that ideas cannot be copyrighted. The basic premise throughout copyright law that a performance of a work must be fixed in some tangible form. This is a nobrainer when you look at a script for a play, namely words on a page = fixed. But how about the directorial choices that are made when bringing words on a page into an intangible form like a stage presentation. Those familiar will recall the copyright caveat, “Mere performance or display of a work does not automatically constitute publication”. But what about blocking instructions which are the movement instructions given to actors?