[EdHominem]

The distinction is that the music is being composed as a creative activity and the notes are the essence of the production. The chess game is a game, winning is the game, and the notation is just one of many possible transcriptions of it.

If you composed a poem from chess notation, it would be copyrightable.

If you transcribed a chess game (mechanically) with a series of notes, it would not be.

And besides, if there was creativity (for its own sake) in the process and the moves were copyrightable it would be the players, not the stenographer, that owned it.

[logicallee]

agree with everything you stated, ESPECIALLY the last sentence.

In an alternative reality where the players agreed that they were creating a creative work together, and signed the copyright to it over contractually, would your attitude change?

Can you talk a little bit about why a very short riff such as 10-12 notes of this -- https://www.youtube.com/watch?v=1nLCa0YG1ZI&t=57s

should be subject to copyright? (I also may be mistaken factually - perhaps it's not subject to copyright.)

As you can see from that video, there really are very few choices regarding the "next note". Maybe a few more choices than the possible legal moves on a board - but not by much.

>If you transcribed a chess game (mechanically) with a series of notes, it would not be.

I find this very very hard to believe. If I came up with simple rules for transcribing a chess game with notes and then discovered that for a particular chess game this was pleasant, you really don't think I could copyright that tune?

I'd be shocked if that were the case.

[EdHominem]

> In an alternative reality where the players agreed that they were creating a creative work together, and signed the copyright to it over contractually, would your attitude change?

Yes, that would probably be the same (in general) as any other work-for-hire.

> Can you talk a little bit about why a very short riff such as 10-12 notes of this [...] should be subject to copyright?

I imagine it is subject to copyright, a Haiku would be.

The grey areas here are that such a short sequence lends itself to brute-forcing which isn't creative and probably wouldn't result in a copyright, and that independent creators would each have their own copyright. You can't just generate all possible books (even if not combinatorially impossible) and block authors from writing them.

> I find this very very hard to believe. If I came up with simple rules for transcribing a chess game with notes and then discovered that for a particular chess game this was pleasant, you really don't think I could copyright that tune?

Your program to do this would be copyrightable, but it would only produce a machine-translation (by definition) of the chess game so while the end results (the tune) be copyrightable, it wouldn't be your copyright.

[logicallee]

thanks.