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ARTICLE · 03 AUGUST 2021

Work Of Fiction: Idea Or Expression?

Khurana & Khurana, Advocates and IP Attorneys
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Ironman, Batman, Tarzan, Mickey Mouse, James Bond, Harry Potter are not merely names but are "cultural heuristics," with the power to transport, amaze, horrify, and inspire.

IndiaIntellectual Property

Ironman, Batman, Tarzan, Mickey Mouse, James Bond, Harry Potter are not merely names but are "cultural heuristics," with the power to transport, amaze, horrify, and inspire. All of us, on a daily basis, delve into their stories and associate with them on a personal level, even get inspired by them sometimes. Characters may be described as the very essence of work and are irreplaceable to such an extent that the work loses its plot and all that remains is the mere "idea". A classic example of this may be that of Captain America from Marvel's Avengers or the character of Salman Khan in Dabbang, which are literally the Superheroes of Copyright!

Fictional characters or the "works of fiction" as one may call them; have the ability to attach themselves to the lives of readers in a manner that engages them both emotionally and mentally, perhaps as a result of narrative techniques that invite readers into the inner lives of characters. In the words of Suzanne Keen, "even

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