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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] |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| JIPR 25(3-4) 92-99.pdf | 255.4 kB | Adobe PDF | View/Open |
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