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Topic: Idea expression divide


  
  Idea - Facts, Information, and Encyclopedia Reference article
When a man, for example, has obtained an idea of chairs in general by comparison with which he can say “This is a chair, that is a stool,” he has what is known as an “abstract idea” distinct from the reproduction in his mind of any particular chair (see abstraction).
Thus the idea of a centaur is a complex mental picture composed of the ideas of man and horse, that of a mermaid of a woman and a fish.
Those types of law are intended to protect the exploitation of the expression of the ideas of creators and authors for a limited period of time in a form of monopoly.
www.startsurfing.com /encyclopedia/i/d/e/Idea.html   (888 words)

  
 Idea Expression Dichotomy   (Site not responding. Last check: 2007-10-19)
Intellectual property laws are generally designed to protect the fixed expression of an idea rather than the fundamental idea itself.
The idea-expression divide which is also referred to as idea-expression dichotomy is a concept which explains the appropriate function of intellectual property laws, which are generally designed to protect the fixed expression or manifestation of an idea rather than the fundamental idea itself.
known as the merger doctrine, because the expression is considered to be inextricably merged with the idea.
sociologyindex.com /idea_expression_dichotomy.htm   (446 words)

  
  Idea - Wikipedia, the free encyclopedia
When a man, for example, has obtained an idea of chairs in general by comparison with which he can say “This is a chair, that is a stool,” he has what is known as an “abstract idea” distinct from the reproduction in his mind of any particular chair (see abstraction).
Thus the idea of a centaur is a complex mental picture composed of the ideas of man and horse, that of a mermaid of a woman and a fish.
Those types of law are intended to protect the exploitation of the expression of the ideas of creators and authors for a limited period of time in a form of monopoly.
en.wikipedia.org /wiki/Idea   (893 words)

  
 Idea-expression divide - Wikipedia, the free encyclopedia
In law, the idea-expression divide is the principle which states that the function of the law is to protect the fixed expression or manifestation of an idea, rather than the fundamental concept or information which gives rise to the idea.
In the United States this is known as the merger doctrine, because the expression is considered to be inextricably merged with the idea.
U.S. courts are divided on whether merger constitutes a defense to infringement or prevents copyrightability in the first place, but it is often pleaded as an affirmative defense to infringement.
en.wikipedia.org /wiki/Idea-expression_divide   (359 words)

  
 Copy-Right.org - Walk-Ins permitted   (Site not responding. Last check: 2007-10-19)
It is not designed or intended to cover the actual idea, concepts, facts, styles, or techniques which may be embodied in or represented by the copyright work.
Idea-expression dichotomy and the merger doctrine Main article: Idea-expression divide A copyright covers the expression of an idea, not the idea itself --- this is called the idea/expression or fact/expression dichotomy.
It is only the particular expression of that process as originally described that is covered by copyright.
www.copy-right.org /definition/walk-ins-permitted-q.html   (283 words)

  
 Copyright article - Copyright intellectual property literary work movie musical work painting - What-Means.com
Copyrights do not protect ideas, however, which are the domain of patents (if at all), but only the particular expression of an idea.
Copyright covers the expression of an idea, not the idea itself — this is called the idea-expression divide.
In some cases, ideas may only be capable of intelligible expression in only one or a limited number of ways.
www.what-means.com /encyclopedia/Copyright   (3015 words)

  
 Copyright - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-10-19)
Copyright law only protects the particular form or manner in which ideas or information have been manifested, and is not designed or intended to protect the actual concepts, facts, styles or techniques which may be embodied in or represented by the ideas or information.
Once such an expression is secured in a fixed medium (such as a drawing, sheet music, a videotape or a letter), the copyright holder is prepared to enforce his or her exclusive rights.
A copyright covers the expression of an idea, not the idea itself — this is called the idea/expression or fact/expression dichotomy.
www.secaucus.us /project/wikipedia/index.php/Copyright   (4671 words)

  
 Talk:Intellectual property - Wikipedia, the free encyclopedia
The idea of separating intellectual property from the concept of intellectual property rights is a rather quaint one.
Designs are a separate category of intellectual property and in Australia at least there is a complex overlap between the law of designs and the law of copyright, for example in relation to works of artistic craftsmanship.
Ideas are protected by the laws regarding confidential information or, if meeting certain criteria, patents.
en.wikipedia.org /wiki/Talk:Intellectual_property   (9802 words)

  
 Fair use - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-10-19)
Insofar as this doctrine protects forms of expression that might otherwise be enjoined as copyright infringing, it has been related to First Amendment free speech protections in the U.S. Constitution.
Although the Supreme Court has ruled that the availability of copyright protection should not depend on the artistic quality or merit of the work at issue, fair use analyses nevertheless consider certain aspects of the copied work, such as whether it is fictional or non-fictional, to be germane.
In order to prevent the private ownership of work that rightfully belongs in the public domain, facts and ideas cannot be copyrighted—only their particular expression or fixation merits such protection.
www.lighthousepoint.us /project/wikipedia/index.php/Fair_use   (3242 words)

  
 Lexmark v. SCC, Sixth Circuit October 2004
27 (11th Cir.1997), the idea and expression are said to have "merged." In these instances, copyright protection does not exist because granting protection to the expressive component of the work necessarily would extend protection to the work's uncopyrightable ideas as well.
But the idea-expression divide figures into the substantial similarity test not as a measure of "similarity"; it distinguishes the original work's protectable elements from its unprotectable ones, a distinction that allows courts to determine whether any of the former have been copied in substantial enough part to constitute infringement.
When a work itself constitutes merely an idea, process or method of operation, or when any discernible expression is inseparable from the idea itself, or when external factors dictate the form of expression, copyright protection does not extend to the work.
homepages.law.asu.edu /~dkarjala/cyberlaw/LexmarkvSCC(6C2004).htm   (12358 words)

  
 Public Domain Encyclopedia Article, Definition, History, Biography   (Site not responding. Last check: 2007-10-19)
There may be no laws which establish proprietary rights in relation to the work, or the work or its subject matter may be specifically excluded from existing laws.
The underlying idea which is expressed or manifested in the creation of a work generally cannot be the subject of intellectual property laws (see idea-expression divide).
However, the carrier of his ideas, in the form of a book titled The Origin of Species, was protected by copyright.
popularityguide.com /encyclopedia/Public_domain   (6437 words)

  
 wikien.info: Main_Page   (Site not responding. Last check: 2007-10-19)
Ideas and Action is an anarcho-syndicalist journal that was founded in 1981 as a result of numerous conferences organized by the Libertarian Workers Group and the Strike!
Ideas of reference or delusions of reference involve a person having a belief or perception that irrelevant, unrelated or innocuous things in the world are referring to them directly or have special personal significance.
Idea was established following the termination of the group's recordin..
www.alanaditescili.net /browse.php?title=I/ID/IDE   (3910 words)

  
 Public_domain encyclopedia and info, forum and guides   (Site not responding. Last check: 2007-10-19)
Mathematical formulas will therefore generally form part of the public domain, to the extent that their application in the form of software is not covered by copyright.
However, the carrier of his ideas, in the form of a book titled The Origin of Species, was covered by copyright.
Though this is legally correct, public support for these companies' efforts is significantly undermined by the belief that they are receiving their "just desserts" for decades of price-gouging for licensed media.
haiti.caribbean-forum.com /encyclopedia.php?title=Public_domain   (6455 words)

  
 Girardi & Keese Law
The holders of these legal entitlements may exercise various exclusive rights in relation to the subject matter of the intellectual property.
The term "intellectual property" reflects the idea that this subject matter is the product of the mind or the intellect.
Intellectual property laws confer a bundle of exclusive rights in relation to the particular form or manner in which ideas or information are expressed or manifested, and not in relation to the ideas or concepts themselves (see idea-expression divide).
www.girardikeese.com /practice_areas.aspx?categoryID=4   (327 words)

  
 Copyright - Open Encyclopedia   (Site not responding. Last check: 2007-10-19)
A copyright is a form of intellectual property that grants its holder the sole legal right to copy their works of original expression, such as a literary work, movie, musical work or sound recording, painting, computer program, or industrial design, for a defined period of time.
In the United States, the original owner of the copyright may be the employer of the actual author rather than the author himself if the work is a "work for hire".
The concepts of the public domain and the intrinsic freedom of information as such, necessary precepts for creators to be able to build on published expression, is gradually being eroded, as copyright terms are extended to last beyond the lifetime of the audience which experienced and knows of the original work.
open-encyclopedia.com /Copyright   (3167 words)

  
 [No title]
Gene expression occurs in cells and cells may either be dividing or nondividing.
A small number of stem cells retain the ability to divide and they accomplish this by a pathway of growth and division that is called the cell cycle.
Gene expression is regulated so that different sets of genes are expressed during different phases of the cell cycle and in differentiated cells.
www.sp.uconn.edu /~ml201vc/lecture01.html   (1068 words)

  
 Bambooweb: copyright
Copyrights do not protect ideas, however, which are the domain of patents (if at all), but only the particular expression of an idea.
Copyright covers the expression of an idea, not the idea itself — this is called the idea-expression divide.
In the United States this is known as the merger doctrine, because the expression is considered to be inextricably merged with the idea.
www.bambooweb.com /articles/c/o/copyright.html   (2764 words)

  
 Copyright Encyclopedia Article, Definition, History, Biography   (Site not responding. Last check: 2007-10-19)
The original holder of the copyright may be the employer of the actual author rather than the author himself if the work is a "work for hire".
Many argue that copyright does not exist merely to restrict third parties from publishing ideas and information, and that defining copyright purely as a negative right is contrary to the public policy objective of encouraging authors to create new works and enrich the public domain.
In general, copyright law covers the creative or artistic expression of an idea, patent law covers inventions, trademark law covers distinctive signs which are used in relation to products or services, and registered designs law covers the look or appearance of a manufactured or functional article.
www.variedtastes.com /encyclopedia/Copyright   (5238 words)

  
 RGM - COPYRIGHT … - MOG
Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape or a letter), the copyright holder is entitled to enforce his or her exclusive rights.
A copyright covers the expression of an idea, not the idea itself — this is called the idea/expression or fact/expression dichotomy.
In some cases, ideas may be capable of intelligible expression in only one or a limited number of ways.
mog.com /RGM/blog_post/23159   (8790 words)

  
 Copyright - Wikipedia, the free encyclopedia
Copyright is a type of intellectual property; designs or industrial designs may be a separate or overlapping form of intellectual property in some jurisdictions.
It is not designed or intended to cover the actual idea, concepts, facts, styles or techniques which may be embodied in or represented by the copyright work.
Once an idea has been reduced to material form, for example by securing it in a fixed medium (such as a drawing, sheet music, a videotape or a letter), the copyright holder is entitled to enforce his or her exclusive rights.
en.wikipedia.org /wiki/Copyright   (5840 words)

  
 Fair Use   (Site not responding. Last check: 2007-10-19)
Insofar as this doctrine protects forms of expression that might otherwise be injuncted as copyright infringing, it has been related to First Amendment free speech protections in the U.S. Constitution.
The first factor questions whether the use under consideration helps fulfill the intention of copyright law to stimulate creativity for the enrichment of the general public, or whether it aims to only "supersede the objects" of the original for reasons of, say, personal profit.
For example, while Frodo still destroys the Ring, Frodo's path to the destruction of the Ring is largely different from the one expressed in the Lord of the Legos.
www.geocities.com /thelordofthelegos/fairuse.html   (2058 words)

  
 Copyright - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-10-19)
Copyright covers the expression of an idea, not the idea itself.
This is called the idea-expression divide, or the Merger Doctrine in the United States.
In one way or another, under nearly any copyright regime, a work is generally protected by copyright from the moment of its creation (in the United States the usual phrase is "fixed in a tangible medium of expression") whether it displays a notice or not.
www.peacelink.de /keyword/Copyright.php   (2052 words)

  
 ISMB 2001 Poster Abstracts: Gene Expression   (Site not responding. Last check: 2007-10-19)
The model used assumes that the data is normalised (the expression vectors have mean zero and variance one and are therefore located on the intersection of a hyperplane and a hypersphere).
Interpreting gene expression data in terms of metabolic pathways is a challenging task for several reasons: 1) Incomplete knowledge of the functional role of genes in the cell.
Expression patterns are described using an extensive dictionary of anatomical terms for the mouse that has been established in collaboration with our colleagues in Edinburgh, UK*.
ismb01.cbs.dtu.dk /GeneExpression.html   (17687 words)

  
 Instruments
Ever since humans began to divide their work into specialties, music has been a primary source of the balance that enabled communities to grow harmoniously.
There is a level of intimacy and commitment between a musician and a flute or a harp that transcends most objects in the lives of people.
The instruments are held close, many times per week to aid in the expression of a great range of emotions.
www.folktraditionsstore.com /musicpr.htm   (194 words)

  
 [No title]
In trying to discern whether these doctrines apply, courts tend to "focus on whether the idea is capable of various modes of expression."  Mason v.
Atari I, 975 F.2d at 840 ("The unique arrangement of computer program expression which generates [the] data stream does not merge with the process so long as alternate expressions are available.").
represent alternative means of expressing the ideas or methods of operations embodied in the Toner Loading Program;  they appear to be different ideas or methods of operation altogether.
www.law.pitt.edu /madison/copyright/supplement/lexmark_v_static_control.htm   (7898 words)

  
 Copyright
A copyright provides its holder the right to restrict unauthorized copying and reproduction of an original expression (i.e.
The rights enforceable under copyright protection cover the use only of intangible creations - the story told within a book is protected from misuse as opposed to the printed copy itself, or the form of a sculpture as opposed to the actual carved rock.
Copyright covers the expression of an idea, not the idea itself - this is called the idea-expression divide.
www.connexx.org /copyright.html   (631 words)

  
 Ireland Information Guide , Irish, Counties, Facts, Statistics, Tourism, Culture, How
This first factor is divided into several subfactors: (1) the commercial or nonprofit educational nature of the use (discussed above); (2) the "preamble purposes", i.e.
Though according to the Supreme Court, copyright law is not supposed to discriminate based upon the quality or artistic merit of the work at issue, fair use analysis nonetheless looks at whether the copied work was creative or informative.
Facts and ideas are unprotected--the particular expression of those facts or ideas is what merits copyrightability.
www.irelandinformationguide.com /Fair_use   (2748 words)

  
 [No title]   (Site not responding. Last check: 2007-10-19)
Some 5 of the rights 6 may be transferred, 8 or else the 2 copyright holder may 1 grant another party a 8 non-exclusive license to 6 copy and/or distribute 6 the work in a 7 particular region.
Copyright covers the expression of 0 an idea, not the 1 idea itself.
This 4 is called the 5 idea-expression divide, or 8 the Merger Doctrine in 7 the United States.
www.thub.net /copyright_law_.htm   (1761 words)

  
 TLJ Daily E-Mail Alert No. 1,042, December 22, 2004.
The dissent argued that the majority unreasonably pushes all of the creativity and originality to the ideas side of the idea expression dichotomy, and threatens to remove the incentive to create rules based expression.
By deciding that the determination of the part number is inherent in the ``idea,´´ the majority has pushed all of Southco's creative work onto the unprotected ``idea´´ side of the idea/expression dichotomy.
He further argued that "the majority's decision to divide Southco’s numbering rules from the numbers themselves for purposes of evaluating Southco’s copyright claim may suggest and certainly creates an unjustified and unexplained bias against copyright protection for all rule-based expression.
www.techlawjournal.com /alert/2004/12/22.asp   (2722 words)

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