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Recognition of the art of personal abstraction in concepts and ideas appears to be a missing element in both fiction and in nonfiction copyright protections that needs to be addressed in order to have an effective copyright protection law.
While recitation and compilation is critical to the publishing industry, the art of personal abstraction is what gives value to the publishing industry, and the need/desire to invoke copyright protections. That it isn't covered well is indicative of the sloppy manner in which attorneys leave the kinds of loopholes through which many may enter with immunity for overt and callous violations of what should be sound copyright laws. Abstractions are as important to the publishing industry as water is to fish.