THE IDEA/EXPRESSION DICHOTOMY AT CROSSROADS

Eleonora Rosati

ISBN 10: 3843389357 / ISBN 13: 9783843389358

Editore: LAP LAMBERT Academic Publishing Dez 2010, 2010

Riguardo questo articolo

Neuware -The idea/expression dichotomy represents a foundational concept of copyright. Yet, the boundaries of such a principle tend to be blurred by its inconsistent application, with regard to both subject matter and case law analysis. On the one hand, for certain categories of works, it is objectively difficult to draw a clear-cut distinction between ideas and expressions, as these closely interpenetrate each other. On the other hand, as the result of a more general trend in intellectual property, copyright protection has been extended to categories of works for which the value of expression, as a category distinct from ideas, is low and it is therefore difficult to distinguish a clear application of the idea/expression dichotomy. Furthermore, the dichotomy does not seem to represent a useful tool for courts to rely upon in assessing controversial cases. The present work shall attempt to explore the nature and the boundaries of the idea/expression dichotomy, in particular its reliability, as well as determine whether such a principle can be still considered to be among the foundations of copyright rationale and scope of protection.Books on Demand GmbH, Überseering 33, 22297 Hamburg 72 pp. Englisch.

Codice articolo 9783843389358

Dati bibliografici

• Titolo: THE IDEA/EXPRESSION DICHOTOMY AT CROSSROADS
• Editore: LAP LAMBERT Academic Publishing Dez 2010
• Data di pubblicazione: 2010
• Lingua: Inglese
• ISBN 10: 3843389357
• ISBN 13: 9783843389358
• Rilegatura: Taschenbuch
• Condizione: Neu

Descrizione articolo

Riassunto

The idea/expression dichotomy represents a foundational concept of copyright. Yet, the boundaries of such a principle tend to be blurred by its inconsistent application, with regard to both subject matter and case law analysis. On the one hand, for certain categories of works, it is objectively difficult to draw a clear-cut distinction between ideas and expressions, as these closely interpenetrate each other. On the other hand, as the result of a more general trend in intellectual property, copyright protection has been extended to categories of works for which the value of expression, as a category distinct from ideas, is low and it is therefore difficult to distinguish a clear application of the idea/expression dichotomy. Furthermore, the dichotomy does not seem to represent a useful tool for courts to rely upon in assessing controversial cases. The present work shall attempt to explore the nature and the boundaries of the idea/expression dichotomy, in particular its reliability, as well as determine whether such a principle can be still considered to be among the foundations of copyright rationale and scope of protection.

Informazioni sull?autore

Eleonora Rosati holds a law degree from the University of Florence,as well as an LLM from the University of Cambridge. She is interested in all the issues concerning intellectual property, especially copyright. She is currently a PhD researcher at the European University Institute and collaborates with the IP department of Bird&Bird in Milan.