R. F. Kuang’s “Yellowface” is a satirical drama which questions the line between inspiration and theft of expression. Conversely, Fichte draws a clear line between both, leading to the idea/expression dichotomy which shapes copyright law today. In Fichte’s eyes, ideas are nebulous, whereas expression is the unique form an author uses to convey an idea. However, Kuang presents a scene where this line is difficult to define and, thus, morally justify an author’s copyright.

In the novel, June recalls when her best friend and rival, Athena, comforts her after she experiences traumatic flashbacks to a one-night stand. She later finds startling similarities with her breakdowns in the story that became Athena’s first published work. It was as if Athena had “stolen the words right out of [her] mouth”, imagery, attributes and all. It is clear that copyright law would protect Athena’s work. However, does Fichte’s theory add depth to the question of when copyright law should protect “expression”? Why do we feel moral indignation at the unauthorised inspiration which Athena took from June’s vulnerability?

First is the work’s extensive similarity to June’s experiences akin to plagiarism. Following Fichte’s logic, specific expressions of ideas reflect the interlocutor’s intellectual labour, thus, is the ownership of the interlocutor. I consider the story plagiarised (rather than inspired) by June’s experiences because June’s breakdown is the keystone of the story, then, Athena interweaves her expression. Athena’s creativity is derivative to June’s retelling of her one-night stand to Athena. Kuang demonstrates an idea’s expression is not always an extension of the author’s identity. Indeed, without witnessing June’s breakdowns, Athena could not write her published work. Thus, the work’s heavy reliance on June’s expressions means Fichte’s moral justification for copyright may not exist in Athena’s work.

Second is Athena’s failure to acknowledge June as the keystone of her work. Even if one believes Athena simply took inspiration from June, the immorality of her act remains. Like the distinction between borrowing and stealing, Athena’s moral rights would be strengthened had June consented to have her vulnerabilities retold through Athena. Instead, Athena ignored her ethical responsibility to her friend and gave away June’s confidential story to the public.

Overall, the extent of similarity to the muse’s experience and the muse’s consent are important elements to consider in the ideas/expression dichotomy in copyright law and whether an author morally owns their work.

 

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