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The Idea-Expression Dichotomy in Artistic Works: The Case Study in the United Kingdom

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Title Statement The Idea-Expression Dichotomy in Artistic Works: The Case Study in the United Kingdom
 
Added Entry - Uncontrolled Name Mahfud, Mahfud
Rani, Faisal A.
 
Uncontrolled Index Term Idea-Expression Dichotomy; Copyright; Design and Patent Act, 1988; Agreement on Trade-Related Aspects of Intellectual Rights, 1994; artistic works; scenes a faire
 
Summary, etc. 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.
 
Publication, Distribution, Etc. Journal of Intellectual Property Rights (JIPR)
2022-08-04 10:25:18
 
Electronic Location and Access application/pdf
http://op.niscair.res.in/index.php/JIPR/article/view/65233
 
Data Source Entry Journal of Intellectual Property Rights (JIPR); ##issue.vol## 25, ##issue.no## 3-4 (2020): Journal of Intellectual Property Rights
 
Language Note en