Refining Notions of Idea and Expression Through Linguistic Analysis
Graeme B. Dinwoodie
University of Oxford - Faculty of Law
November 18, 2009
COPYRIGHT AND PIRACY: AN INTERDISCIPLINARY CRITIQUE, Bently, Davis and Ginsburg, eds., 2010
Oxford Legal Studies Research Paper No. 46/2010
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, K13Accepted Paper Series
Date posted: May 10, 2010 ; Last revised: November 18, 2010
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