IP & Art

What is tricky in the copyright is the difference between idea and expression. It is a basic principle that the idea is put into the publice domain and can not be protected by the copyright, the only expression will be protected. Then, the next question will be how we can differenciate the expression from idea. But, the problem is that the border line between them is unclear and appears to be ambiguous and abstract. 

In a simple word, idea means that everybody may imagine or think in his/her mind, and the expression is to articulate such idea beyond mere abstract imagination. But, such expression appears to be still difficult to be defined clearly. 

The only way in the practical perspective is to see the court finding in a various case. Nevertheless, it seems to be clear enough. Even if the court say something, they does not provide clear criteria to determine if it belongs to idea or expression. 

It may be a honest guess that the court also has a difficulty and first, will decide whether any matter at issue should belong to the public domain or not, and such decision will draw a line about the matter at issue between idea and expression. 

Later on, we may take a journey for the court findings, it will become clearer. Anyway, this uncertainty is a big problem for the development of creative works.