In US law the uncopyrightability of ideas is expressly codified in the section 102 of the Copyright Act. Copyright does not protect ideas, but the creative expressions of ideas. The “idea - expression dichotomy” reflects a fundamental balance in copyright law, providing protection to the particular way an author expresses an idea and allowing the public to gain access to the idea itself. At international level, the distinction is clearly ruled at art. 9.2 of the TRIPs Agreement and art. 2 of the WCT. In EU this dichotomy finds only specifications with particular reference to certain sectors, such as databases and computer programs, but it can be considered implied in all the regulation of European copyright.
Idea-expression dichotomy in United States and in European Union
Mongillo R
2016-01-01
Abstract
In US law the uncopyrightability of ideas is expressly codified in the section 102 of the Copyright Act. Copyright does not protect ideas, but the creative expressions of ideas. The “idea - expression dichotomy” reflects a fundamental balance in copyright law, providing protection to the particular way an author expresses an idea and allowing the public to gain access to the idea itself. At international level, the distinction is clearly ruled at art. 9.2 of the TRIPs Agreement and art. 2 of the WCT. In EU this dichotomy finds only specifications with particular reference to certain sectors, such as databases and computer programs, but it can be considered implied in all the regulation of European copyright.File | Dimensione | Formato | |
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