Study Of Idea And Expression Dichotomy In The Copyright Law Under The Perspective Of Precedents

The Idea and Expression Dichotomy is an important principle in the Copyright Law. The Idea and Expression Dichotomy is formed and evolved from the foreign precedents, which involve the Millar case and the Donaldson case. These two cases limits the protection scope of the Copyright Law to solve the problem of the legitimacy of the Copyright Law, and judges of these two cases create the Idea and Expression Dichotomy therefrom. One century later, the Baker case which happened in America also explained the Idea and Expression Dichotomy. there is barely any other single principle to be more fundamental and repeated than the Idea and Expression Dichotomy. And the Idea and Expression Dichotomy was followed as an unarguable one in the precedents in centuries. The professor Liu Chuntian said, the Copyright Law protects the expression only, not the expressed idea and emotion, this is a basic theory of the Copyright Law. Because of the importance, this theory is called an axiom of the Copyright Law. However, we take no account of the Idea and Expression Dichotomy when we need to judge the violation or not in China, and there are still many problems in the judicial practice.This thesis is divided into five chapters. In chapter one, there is a case to bring out the main goal of this thesis, and the study points and current study situation are introduced. In chapter two, the Idea and Expression Dichotomy is summarized, there will be the explaining, the rationality and the value of existence of this theory. In chapter three, I will introduce the Idea and Expression Dichotomy in some typical cases of some typical countries, so as to talk about the application of this theory in real cases. In chapter four, the current situation of the Idea and Expression Dichotomy and other principles in Chinese judicial practice is revealed, and it will lead out the main shortcomings of our judicial practice, and then I will propose some advices of legislation and judicial practice. In chapter five, there is a conclusion of this thesis.Above all, the Idea and Expression Dichotomy is a very basic principle of the Copyright Law, and it is the footstone to guide the judicial practice. In view of the missing of our Copyright Law has resulted in the low attention to this theory. I think, we need to improve the legislation of the Idea and Expression Dichotomy in the Copyright Law amendment. It will help the judge apply this theory and clarify the direction of the judgement.