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"The less developed the characters, the less they can be copyrighted; that is the penalty an author must bear for marking them too indistinctly." So wrote Judge Learned Hand in his landmark decision in Nichols v. Universal Pictures Corp. (1930), ruling that the author of Abie's Irish Rose could not make the charge of plagiarism stick against the producers of The Cohens and the Kellys. A mere "idea" (the scare quotes are Judge Hand's) may be borrowed by anyone, along with stock figures, characters "so faintly indicated as to be no more than stage properties" and "low comedy of the most conventional sort."

"I must say that, as a litigant, I should dread a lawsuit beyond almost anything short of sickness and death."
-- Judge Learned Hand, from "The Deficiencies of Trials to Reach the Heart of the Matter", in 3 "Lectures On Legal Topics" 89, 105 (1926), quoted in Fred R. Shapiro, "The Oxford Dictionary Of American Legal Quotations" 304 (1993).

"Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it." must say that, as a litigant, I should dread a lawsuit beyond almost anything short of sickness and death." -- Judge Learned Hand, from "The Deficiencies of Trials to Reach the Heart of the Matter", in 3 "Lectures On Legal Topics" 89, 105 (1926), quoted in Fred R. Shapiro, "The Oxford Dictionary Of American Legal Quotations" 304 (1993).

Jama v. I.N.S.329 F.3d 630C.A.8 (Minn.),2003.May 27, 2003
But it was Learned Hand himself who noted that it would be “most irksome to be ruled by a bevy of Platonic Guardians,” even if he knew “how to choose them,” which, he said, he assuredly did not.

Learned Hand , The Bill of Rights, 73 (1958). Congress is free to fix the statute if it needs fixing, and Congress knows how to do so if it wishes.