Know What is the concept of Idea-Expression Dichotomy !!
Table of Contents
Introduction
Out of all the divisions of Intellectual Property (IP) Law, copyright is maybe the greatest well-known branch to the general public. It is typically spotted in books, music, films, advertisements, etc. Copyright is the right conferred or deliberated on a creator of a literary or artistic work over his creative effort and work. This right contributes the creator exclusive rights of authorization over translation, adaptations, performance in public, recitation, broadcast and such over their creative work.
Berne Convention, 1886 (Protection of Literary and Artistic works) was the unique and original international recognition of copyright. The Indian copyright regime is administered by the Copyright Act, 1957.
Copyright law occurs for the very determination that one individual cannot copy another’s work without the authorisation. It seems to be a cake walk in theoretical characteristic but the practical application or presentation of this law is farfetched. For example, the popular shows such as Naruto, Black Clover and My Hero Academia of the shounen genre of Japanese Anime have a simple basic theme mutual common to all three, i.e. the underdog, who is not respected or appreciated in his community, through perseverance, persistence and hard work develops, cultivates, progresses and advances capable and gains his community’s respect. Another instance could be the popular films Taken and Finding Nemo, both of which revolve around the basic plot that the single and protective father goes through a dangerous or precarious series of events in search of his lost/ kidnapped or abducted child.
Going by the theoretical acceptance understanding of copyright law, these films and demonstrations perhaps possibly amounts to infringement of copyright. But it is not so owed to the idea-expression dichotomy which states or shapes that merely or only the expression of an idea is protected and not the idea per se.
Here the question rises as to how does a Court differentiates between an idea and an expression in cases and disputes of copyright infringement.
It is a traditional copyright doctrine that copyright protects only expressions and not the Ideas behind such expressions. This Idea/Expression Dichotomy is measured and reflected as the central axiom by the courts while determining or defining what is protected in infringement cases.
The essence or spirit of copyright lies in this very discrepancy or distinction between expressions and undefended ideas. Numerous individuals have raised their contentions or arguments to the idea/expression dichotomy, but not a single person out of them have tried understanding and identifying the root of this difficulty or struggle. An idea can in no way exist separate or discrete from an expression. Moreover, there is a manifestation or an appearance, or the idea cannot exist. The chief reason or motive behind this is that one can only differentiate or distinguish the form when the idea has been substituted or replaced for some form of writing or other kinds of expression that is when the idea of the writer has been equated or associated to such writing/ expression by him. Therefore, drawing a transformation difference amid idea and expression cannot choose to decide what is protectable under the Law of Copyrights. Relatively, the difference is to be made between the expressions that are protectable and those that are not, under the Copyrights Act, 1976.
Can you copyright the expression of an idea?
Copyright does not defend or protect ideas, concepts, systems, or approaches of doing something. You may express your ideas in writing or drawings and claim copyright in your explanation or description, but be aware, conscious, alert and responsive that copyright will not protect the idea itself as revealed or shown in your written or artistic work.
What is meant by the Idea-Expression Dichotomy?
The idea-expression dichotomy was formulated or articulated to ensure, safeguard, guarantee and confirm that the manifestation or display of an idea (i.e. an expression) is protected rather than the idea itself. An idea is the formulation or creation of thought on an explicit or specific subject whereas an expression constitutes or establishes the establishes the implementation of the said idea.
“Ideas” and “Expressions”
Ideas are discussed, debated and deliberated as human mental conceptions, formations or representations i.e. depictions. They are not everlasting or eternal Platonic forms that happen to exist apart from such social human conceptions and are waiting to be thought. Thinking is normally or generally viewed or observed as concept or notion manipulation and therefore, unavoidably includes expressions. Hence, a difference between ideas ad expressions has by no means has been an issue.
The form or system / expression does not enhance, enrich, improve or boost something to an idea that is formerly existing, independently of all the expressions. Also, the idea of writing cannot happen to exist apart from some form/ expression. Hence, ideas are incepted to be expressions themselves, even in their simplest form, they will always be in some of expression. Therefore, the fact that “ideas are human conceptions” accomplishes or achieves as well as determines or conclude that the ideas can’t exist apart from the solitary way of conceptualizing and intellectualizing that is “Expression”.
How does one distinguish between an Idea-Expression Dichotomy ?
The idea-expression dichotomy poses a most important challenge or test in distinguishing or differentiating between the two. The nonexistence of a statutory provision requires dependence on several or numerous case laws that attempt at chalking, drawing and marking out an unblemished clear difference between the two.
An important and unblemished case in this repute is that of RG Anand v. Deluxe Films. The plaintiff was the author of a play called Hum Hindustani. In 1954, the defendant Mohan Sehgal sent a letter to the plaintiff expressing or articulating his desire or articulating to make a movie based on the play. The plaintiff and the defendant met and discussed the entire play. The defendant did not commit or promise anything, but the plaintiff later came to know that the defendant released a movie titled New Delhi. Afterwards watching the movie, the plaintiff was of the attitude or opinion that it is based on the story of his play. So he filed a suit against the defendant for permanent injunction and damages. Both the District Court and the High Court ruled against the plaintiff on a finding and discovery of the facts. The case lastly stretched and reached to the Supreme Court of India.
The Supreme Court believed that the movie cannot be considered to be an infringement of the script of the play. The object reason it passed was that though the idea behind both the stories was the same, the manner in which both had been expressed were immensely different and dissimilar from each other. Therefore, it cannot be believed or held as to be copyright infringement.
Additionally, in recent times, in the case of Mansoob Haider v. Yashraj Films, the Bombay High Court reiterated or repeated on the fact that ideas are not copyrightable. The residue or deposit left behind after filtering or straining out dissimilarities and differences is the idea which is not copyrightable and correspondence similarity of ideas does not primarily lead to copyright infringement.
Conclusion
Characteristic distinguishing between an idea and expression in an artistic work is a difficult as well as problematic undertaking and additional in the case of a cinematographic film or a play as it has numerous or various elements, essentials and features to it. To determine, regulate and govern whether there has been any copyright infringement or not, following aspects ought to be dwelled or settled upon:
1. Firstly, to check or to look at whether the plaintiff’s work is protected under copyright or not.
2. Secondly, to check or to notice whether the defendant’s work has substantial, considerable or extensive resemblance or similarity, based on “Lay Observer Test” with the former and if so, whether this resemblance or similarity forms the fundamental feature or characteristics of the effort or the work.
If the answer is optimistic or positive, then it shall extent and amount to infringement of copyright. To ease or simplify this procedure for the courts, the procedure or the method of extraction or withdrawal appears to be the ideal tool.
Basic Concepts of Trademark / Intellectual property
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