The details are in the devil in this copyright lawsuit

Copyright lawsuits are interesting because of the creative content they involve. A few weeks ago, I wrote about a copyright infringement case involving Led Zeppelin's iconic song "Stairway to Heaven." Today's subject involves a trip in the opposite direction.

On Nov. 8, the Satanic Temple (whose formal name is United Federation of Churches LLC) filed a federal action in the Southern District of New York for copyright infringement, false designation of origin and other claims against Warner Bros. and Netflix, the producer and distributor, respectively, of the "Chilling Adventures of Sabrina," a re-boot of the popular 1990s television series "Sabrina the Teenage Witch." In its complaint, the Satanic Temple alleges that the "Sabrina" series prominently features a statue of Baphomet, an androgynous goat-headed deity figure historically linked to devil worship, which the Satanic Temple claims is a copy of the Satanic Temple 's own "famous" "Baphomet With Children" statue. The Satanic Temple seeks $50 million in damages.

First, a few observations: Should we allow "Satanic" organizations in our courthouses? Surely the metal detectors at our federal courthouses are no match for Satan's evil powers. And, what self-respecting lawyer is going to stand up in court and proudly announce that he or she represents "the dark side." (I have often said that about my opposing counsel, metaphorically, of course.) In today's world, perhaps an organization called "the Satanic Temple" based in Salem, Massachusetts, doesn't sound any alarm bells. Because our Constitution guarantees rights for both religious organizations and copyright owners, I suppose there is no reason why this particular "satanic" organization couldn't own a valid copyright in its depiction of a winged, goat-headed deity. And, in fairness, the Satanic Temple states that its mission is to encourage "benevolence and empathy," not evil, in which case I recommend some serious re-branding might be in order. But that's just me.

Putting aside the peculiar nature of the parties (no offense, Warner Bros. and Netflix), is there a valid claim for copyright infringement here? Well, maybe. As in any copyright case, the devil is in the details -- or, in this case, the details in the devil.

The two fundamental elements of proof in a copyright infringement action are (1) ownership; and (2) copying. With respect to ownership issues, the Satanic Temple acknowledges that its case presents a "textbook example" of the hornbook principle that copyright law protects unique expressions, but not ideas themselves. Applied to this case, the lawsuit will determine whether the Satanic Temple's particular expression of Baphomet is protectable, and, if so, whether the producer, Warner Bros., copied those protectable design elements or merely borrowed the "idea" of Baphomet based on the public domain depictions of Baphomet in art and literature.

The Satanic Temple alleges that its Baphomet statue has certain unique and distinguishing features that differ from the classic visual representation of Baphomet best known from an image created in 1856 by occult historian Eliphas Levi. According to the Satanic Temple, Baphomet is historically portrayed as a goat's head on an exposed woman's body, but the Satanic Temple's statue instead has an exposed male chest. In addition, the Satanic Temple's statue placed human children, one male and one female, the young girl of Anglo-Saxon descent and the young boy of African descent, on each side of the statue looking up in reverence at Baphomet. The Satanic Temple asserts that its Baphomet With Children has been the subject of extensive publicity as a result of the Satanic Temple's media campaign to promote religious equality and freedom.

The Satanic Temple accuses the producers of the "Sabrina" series of copying the distinctive and protectable features in the Satanic Temple's version: the Baphomet in "Sabrina" has an exposed male chest, with a young boy and girl at each side looking up in awe at the goat-headed figure. According to the Satanic Temple, the Baphomet in "Sabrina" is a foreboding, evil figure and focal point at the Witches Academy where Sabrina attends school. The complaint quotes the series' production designer as saying that there are hundreds of depictions of Baphomet surrounded by people as a type of "father figure." Based on the photograph comparisons, the respective statues do appear quite similar, but the question is whether these similarities are in expression original to the Satanic Temple, or merely the idea of using an apparently well-known goat-headed deity as a symbolic figure.

In my view, these Satanic Temple folks may give Warner Bros. and Netflix a run for their money. But let's not forget that these media companies have some super-powers of their own, including the heroic Sabrina... and plenty of funds to hire a good copyright lawyer.