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Published in:

Volume 7 Issue 7
July-2020
eISSN: 2349-5162

Unique Identifier

JETIR2007070

Page Number

594-603

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Title

The Principle of Idea-Expression Dichotomy in Copyright Laws: Legal Scenario in India Compared to the Laws of U.S.A and United Kingdom

ISSN

2349-5162

Cite This Article

"The Principle of Idea-Expression Dichotomy in Copyright Laws: Legal Scenario in India Compared to the Laws of U.S.A and United Kingdom", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.7, Issue 7, page no.594-603, July-2020, Available :http://www.jetir.org/papers/JETIR2007070.pdf

Abstract

The doctrine of Idea- Expression Dichotomy is a vital base of copyright law. Ideas are discussed as human mental conceptions or illustration. Thinking is generally viewed as concept manipulation and thus, involves expressions. What is eligible as a protectable factor in a movie plot? And how will it be properly judged? Therefore, the idea-expression dichotomy represents a tricky sliding scale in India. The purpose of this research is to understand the position of India in comparison to the laws of USA and United Kingdom. In this study an endeavor will be made to examine the various laws on Idea-Expression Dichotomy across various nations. This paper initiates the discussion by enumerating the evolution of the doctrine of idea-expression dichotomy and further proceeds by depicting its approach in American, English and Indian jurisdictions discussing how the Indian courts are following foreign laws to decide upon the infringement cases. The research further lays down various exceptions to this rule such as doctrine of Merger and Scenes a Faire focusing mainly on the implementation of such doctrine in India. Basically, in developing countries like India, this concept has not yet reached the levels of abstraction that is needed and there has been only minimal application of this concept in the Indian context. However this scenario can be expected to change. This paper concludes by addressing the complexities of this principle and how court of law shall deal with the shortcomings by proposing specific policy development and implementation strategies.

Key Words

Creativity, Idea-Expression Dichotomy, Merger, Originality, Scenes a Faire.

Cite This Article

"The Principle of Idea-Expression Dichotomy in Copyright Laws: Legal Scenario in India Compared to the Laws of U.S.A and United Kingdom", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.7, Issue 7, page no. pp594-603, July-2020, Available at : http://www.jetir.org/papers/JETIR2007070.pdf

Publication Details

Published Paper ID: JETIR2007070
Registration ID: 235058
Published In: Volume 7 | Issue 7 | Year July-2020
DOI (Digital Object Identifier):
Page No: 594-603
ISSN Number: 2349-5162

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Cite This Article

"The Principle of Idea-Expression Dichotomy in Copyright Laws: Legal Scenario in India Compared to the Laws of U.S.A and United Kingdom", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.7, Issue 7, page no. pp594-603, July-2020, Available at : http://www.jetir.org/papers/JETIR2007070.pdf




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