Principles of Copyright Law – Cases and Materials

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TABLE OF CONTENTS CHAPTER I.


SUBJECT MATTER AND CONDITIONS OF PROTECTION



  1. COPYRIGHT IN AN ITEM IS DISTINGUISHED FROM PROPERTY
    RIGHTS IN IT AS A PHYSICAL THING

  2. IDEAS VS. EXPRESSION



  • Copyright does not subsist in style

  • Copyright does not subsist merely in news

  • Copyright does not subsist in history, historical incidents or facts

  • Copyright does not subsist in scientific principles or descriptions
    of an art

  • Copyright does not subsist in mere principles or schemes

  • Copyright does not subsist in methods of operation

  • General ideas, e.g. for entertainment, are not protected by
    copyright

  • Ideas may nevertheless be protected through means other than
    copyright



  1. CONSEQUENCES OF THE DISTINCTION BETWEEN IDEAS
    AND EXPRESSION



  • The author is the person responsible for the work’s expression

  • Taking an idea does not infringe copyright

  • Idea and expression may merge

  • Where does “idea” stop and “expression” start?



  1. COPYRIGHT PROTECTION ARISES AUTOMATICALLY ON
    CREATION OF THE WORK, AND DOES NOT DEPEND UPON
    REGISTRATION


CHAPTER I.


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