Protection subject-matter Flashcards
1
Q
Basic construction of copyright’s subject matter is as follows:
A
- idea/ expression dichotomy
- fixation
- originality requirement
2
Q
Idea/expression dichotomy
A
idea, concepts, methods are not protected, expressions of them however are
3
Q
Copyright denies protection to bare facts, raw information or mere formulas.
A
Although the Berne Convention does not contain any explicit statement in this respect, such interpretation is implied in the definition of ‘literary and artistic works’. Further confirmation is, moreover, to be found in article 2 (8) Berne Convention
4
Q
Expression is more than a raw idea.
A
it should have a kind of an outer form, at least perceivable by third parties
5
Q
Fixation
A
no particular ‘form’ required, is must however be able to be perceived objectively by a third party (see the Levola case)
