Refining Notions of Idea and Expression Through Linguistic Analysis
COPYRIGHT AND PIRACY: AN INTERDISCIPLINARY CRITIQUE, Bently, Davis and Ginsburg, eds., 2010
1 Pages Posted: 10 May 2010 Last revised: 8 Aug 2013
Date Written: November 18, 2009
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.
Keywords: copyright, idea/expression, linguistics, substantial similarity, experts, probative similarity
JEL Classification: K11, K41, K13
Suggested Citation: Suggested Citation