Refining Notions of Idea and Expression Through Linguistic Analysis

Abstract:     
This chapter comments on a paper by the linguist Alan Durant, who demonstrates that our understanding of the distinction between idea and expression in the context of literary works is far from perfect and could be enriched by drawing on a number of insights from other fields, and in particular from linguistic theory. In this brief response, I consider whether and how a fuller understanding of those features might be accommodated in the adjudication of legal disputes about copyright infringement.

Number of Pages in PDF File: 1

Keywords: copyright, idea/expression, linguistics, substantial similarity, experts, probative similarity

JEL Classification: K11, K41, K13

Accepted Paper Series