A Study Of Ideology And Expression In Copyright

Copyright Law protects the expression of works, and the ideas of works are notincluded in the protection. This is an important principle in the field of copyright lawtheory. This principle has not only occupied an important position in academicresearch, but also a significant guide for the judicial practice. It balances the authorand the interests of the public, which also encourages the creation passion of authors.Based on the ideas and expression as the research objects, my paper starts fromfour aspects. The first part is about the object of the protection of works. Due toChina’s legal provisions only lists several types of works, the essence of the object ofprotection of works, which is the expression of originality is not clearly defined, sobefore the study of ideas and expression, it is necessary to make an explanation of thedefinition of works. The second part introduces earlier cases which related to ideasand expression at home and abroad, to prove the necessity to distinguish betweenideas and expression. Then by examples and demonstration, macroscopicallydiscusses why the copyright law does not protect ideas. Finally, discusses that all ofthe expression can be protected by law. The third part introduces the combination ofideas and expression. When comes to this situation that some ideas can be expressedby only one way or a few, the law neither protects ideas nor expression. The fourthpart is the focus of this paper. First introduces the "analytic hierarchy method", andthen through the case analyzes the boundaries of ideas and expression of differenttypes of works.From the above we can come to the conclusion that the theory of ideas andexpression dichotomy is significantly important in the field of copyright law. But fordifferent types of works, the boundaries between ideas and expression are different,which should analyze according to the cases. At the same time, the effectiveness ofthis principle is to check whether the basis of the legislative purpose of copyright lawhas been fulfilled, which means science and culture have been conductively spreadand developed.The main innovation of this paper is spacing between ideas and expression bycombining with the case through the analysis of different types of works one by one.