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The Dipartition Of The Idea And Expression Of A Work

Posted on:2013-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:Q J TangFull Text:PDF
GTID:2246330362475483Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The dipartition of the idea and expression of a work, has long been the emphasis as well asdifficult that be used to determine whether a work is Constitute infringement or not in the law ofcopyright. How to applicate the idea/expression dichotomy, is also to be answered. What is theexact significance of the idea/expression dichotomy, what’s its guiding ideology, what are thespecific methods to divide the idea and expression,and dose the idea/expression dichotomy hasany limitations, these are questions to be answered. This paper is written to answer the questions, itdemonstrates and elaborates the meaning, the guiding ideology of the idea/expression dichotomy,and its specific methods and limitations. For the meaning, it include not only the philosophy andliterature meaning, but also the legal meaning, and the ralationships between them. For the guidingideology, it is the principles that the idea/expression dichotomy should follow, including thelegislative purpose of the copyright law and the purpose of that the idea/expression dichotomy.For the specific methods, we should summarize those created by predecessors, and then applythem to different kinds of works according to their nature and species under the command of itsguiding ideology. For the limitations, it is about the relationships between the idea/expressiondichotomy and other principles, such as principle of rational use, principle of originality and so on.This will elaborates the exceptions of the idea/expression dichotomy, why some creative ideasshould be protected, and some expressions not. So, on the one hand, the paper answers manyproblematic questions, on the other hand, it furnishes a set of complete procedures and rules thathow to operate the idea/expression dichotomy. It is the aim of my paper that make the idea/expression dichotomy more operational.
Keywords/Search Tags:idea and expression, dipartition, the idea/expression dichotomy, the guidingideology, the specific methods, the limitations
PDF Full Text Request
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