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ARTICLE · 19 OCTOBER 2016

Idea-Expression Dichotomy Under Copyright Law

Copyright is a right given to or derived from works and it is not a right in novelty only of ideas.

IndiaIntellectual Property

The Indian Copyright Act, by virtue of Section 13, grants protection to the following works:

1.  Original literary, dramatic, musical and artistic works.

2. Cinematographic films.

3. Sound recording

However, the question that arises here is, by granting copyright, what exactly is being protected?

Copyright is protection in Form and not in Idea

Copyright is a right given to or derived from works and it is not a right in novelty only of ideas. Copyright essentially protects the works of an author or creator and prevents others from copying such original work. It does not, however, bar others from coming to the same result through an independent process.

There exists no copyright in ideas. Copyright subsists only in the material form to which the ideas are translated. Two authors may have the same idea for a book. However the way they express themselves i.e., the way they put down their idea in a tangible form is what that makes a difference. It is the

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