Please use this identifier to cite or link to this item: http://nopr.niscair.res.in/handle/123456789/55111
Title: The Idea-Expression Dichotomy in Artistic Works: The Case Study in the United Kingdom
Authors: Mahfud Mahfud
Rani, Faisal A.
Keywords: Idea-Expression Dichotomy;Copyright;Design and Patent Act, 1988;Agreement on Trade-Related Aspects of Intellectual Rights, 1994;Artistic works;scenes a faire
Issue Date: May-2020
Publisher: NISCAIR-CSIR, India
Abstract: Under the idea/expression dichotomy, the protection of copyright extends only to an artist’s original expression and it does not protect the ideas that are being expressed. Lord Hoffmann’s decision in Designers Guild v Russel Williams (Textiles) Ltd has clearly interpreted that the idea that is only in the head that has been unexpressed in a copyrightable form is not entitled to copyright. Nevertheless, a problem may arise when the idea and its expression are difficult to be separated and they are considered to have merged or called as scenes a faire. As a result, this merger doctrine has caused the expression not copyrightable. In the UK, this merger doctrine can be seen from the House of Lord’s decision in LB Plastics v Swish and Hanfstaengl v Baines.
Page(s): 92-99
URI: http://nopr.niscair.res.in/handle/123456789/55111
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.25(3-4) [May-July 2020]

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