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 about the scope of its protection. But the Kalpakian case is nonetheless instructive in that it represents one end of a spectrum of protection. As a work embodies more in the way of particularized expression, it moves farther away from the bee pin in Kalpakian, and receives broader copyright protection. At the opposite end of the spectrum lie the “strongest” works in which fairly complex or fanciful artistic expressions predominate over relatively simplistic themes and which are almost entirely products of the author’s creativity rather than concomitants of those themes. See, e.g., Krofft, 562 F.2d at 1169 (“The expression inherent in the H. R. Pufnstuff series differs markedly from its relatively simple idea”). As one court noted: “The complexity and artistry of the expression of an idea will separate it from even the most banal idea…. [T]he scope of copyright protection increases with the extent expression differs from the idea.” Id. at 1168. See also Universal Athletic Sales Co. v. Salkeld, 511 F.2d 904 (3d Cir.), ''cert. denied'', 423 U.S. 863, 96 S.Ct. 122, 42 L.Ed.2d 92 (1975) (“between the extremes of conceded creativity and independent effort amounting to no more than the trivial, the test of appropriation necessarily varies”); Clarke, 472 F.Supp. at 482–83.

Plaintiffs’ audiovisual work is primarily an unprotectible game, but unlike the bee pin, to at least a limited extent the particular form in which it is expressed (shapes, sizes, colors, sequences, arrangements, and sounds) provides something “new or additional over the idea.” See Goodson-Todman Enterprises, Ltd. v. Kellogg Co., 513 F.2d 913 (9th Cir. 1975). In applying the abstractions test, we find that plaintiffs’ game can be described accurately in fairly abstract terms, much in the same way as one would articulate the rules to such a game. Cf. Morrissey (no infringement of written game rules). PAC–MAN is a maze-chase game in which the player scores points by guiding a central figure through various passageways of a maze and at the same time avoiding collision with certain opponents or pursuit figures which move independently about the maze. Under certain conditions, the central figure may temporarily become empowered to chase and overtake the opponents, thereby scoring bonus points. The audio component and the concrete details of the visual presentation constitute the copyrightable expression of that game “idea.”

Certain expressive matter in the PAC–MAN work, however, should be treated as scenesscènes [sic] aà [sic] faire and receive protection only from virtually identical copying. The maze and scoring table are standard game devices, and the tunnel exits are nothing more than the commonly used “wrap around” concept adapted to a maze-chase game. Similarly, the use of dots provides a means by which a player’s performance can be gauged and rewarded with the appropriate number of points, and by which to inform the player of his or her progress. Given their close connection with the underlying game, K. C. Munchkin’s maze design, scoring table, and “dots” are sufficiently different to preclude a finding of infringement on that basis alone.

Rather, it is the substantial appropriation of the PAC–MAN characters that requires reversal of the district court. The expression of the central figure as a “gobbler” and the pursuit figures as “ghost monsters” distinguishes PAC–MAN from conceptually similar video games. Other games, such as “Rally-X” (described in Dirkschneider) and North American’s own “Take the Money and Run,” illustrate different ways in which a basic maze-chase game can be expressed. See also Durham, 630 F.2d at 914–15. PAC–MAN’s particular artistic interpretation of the game was designed to create a certain impression which would appeal to a nonviolent player