Idea-expression Divide
Idea, Baker v. Selden, Supreme Court of the United States
978-613-5-87294-1
613587294X
128
2011-08-02
45,00 €
eng
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Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. The idea-expression divide or idea-expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea. The case of Baker v. Selden was the first U.S. Supreme Court case to fully explain this doctrine, holding that exclusive rights to the "useful art" (in this case bookkeeping) described in a book was only available by patent; the description itself was protectable by copyright. In Harper & Row Publishers, Inc. v. Nation Enters., 471 U.S. 539, 556 (1985), the Supreme Court stated that "copyright's idea/expression dichotomy 'strike[s] a definitional balance between the First Amendment and the Copyright Act by permitting free communication of facts while still protecting an author's expression.'" (internal citation omitted).
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