文章基本信息

标题：The Idea-Expression Dichotomy in Artistic Works: The Case Study in the United Kingdom
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作者：Mahfud Mahfud ; Rani, Faisal A.
期刊名称：Journal of Intellectual Property Rights
印刷版ISSN：0971-7544
电子版ISSN：0975-1076
出版年度：2020
卷号：25
页码：92-99
出版社：Ubs Publishers Distributors
摘要：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.
关键词：Idea-Expression Dichotomy; Copyright; Design and Patent Act; 1988; Agreement on Trade-Related Aspects of Intellectual Rights; 1994; Artistic works; scenes a faire;