Mahfud Mahfud, Faisal A. Rani
Under the idea/expression dichotomy, the protection of copyright extends only to an artist's original expression and it does not protect the ideas that are being expressed. Lord Hoffmann's decision in Designers Guild v Russel Williams (Textiles) Ltd has clearly interpreted that the idea that is only in the head that has been unexpressed in a copyrightable form is not entitled to copyright. Nevertheless, a problem may arise when the idea and its expression are difficult to be separated and they are considered to have merged or called as scenes a faire. As a result, this merger doctrine has caused the expression not copyrightable. In the UK, this merger doctrine can be seen from the House of Lord's decision in LB Plastics v Swish and Hanfstaengl v Baines. © 2020, National Institute of Science Communication and Information Resources (NISCAIR). All rights reserved.
Law Faculty, Universitas Syiah Kuala, Darussalam, Banda Aceh, 23111, Aceh, Indonesia
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