Idea–expression distinction in the context of "Adventure novel"

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⭐ Core Definition: Idea–expression distinction

The idea–expression distinction or idea–expression dichotomy is a legal doctrine in copyright law that limits the scope of copyright to only the expression of manifestation of ideas, not ideas themselves. The principle is set out in article 9(2) of the TRIPS Agreement and thus followed in at least 164 countries.

Unlike patents, which may confer proprietary rights in relation to general ideas and concepts per se when construed as methods, copyrights cannot confer such rights. An adventure novel provides an illustration of the concept. Copyright may subsist in the work as a whole, in the particular story or characters involved, or in any artwork contained in the book, but generally not in the idea or genre of the story. Copyright, therefore, may not subsist in the idea of a man venturing out on a quest, but may subsist in a particular story that follows that pattern. Similarly, if the methods or processes described in a work are patentable, they may be the subject of various patent claims, which may or may not be broad enough to cover other methods or processes based on the same idea. Arthur C. Clarke, for example, sufficiently described the concept of a communications satellite (a geostationary satellite used as a telecommunications relay) in a 1945 paper that was not considered patentable in 1954 when it was developed at Bell Labs.

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Idea–expression distinction in the context of Copyright protection for fictional characters

Copyright protection is available to fixed expressions of fictional characters in literary, musical, dramatic and artistic works. Recognition of fictional characters as works eligible for copyright protection has come about in some countries with the understanding that characters can be separated from the original works they were embodied in and acquire a new life by featuring in subsequent works.

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Idea–expression distinction in the context of Atari, Inc. v. North American Philips Consumer Electronics Corp.

Atari, Inc. v. North American Philips Consumer Electronics Corp., 672 F.2d 607 (7th Cir. 1982), is one of the first legal cases applying copyright law to video games, barring sales of the game K.C. Munchkin! for its similarities to Pac-Man. Atari had licensed the commercially successful arcade game Pac-Man from Namco and Midway, to produce a version for their Atari 2600 console. Around the same time, Philips created Munchkin as a similar maze-chase game, leading Atari to sue them for copyright infringement.

Relevant copyright case law was limited at the time, disputing whether video game graphics even qualified as fixed audiovisual works, as seen in traditional games. Courts were consistently finding for plaintiffs, that games qualified for copyright protection, both as audiovisual works and for their underlying code. However, Atari Inc. v. Amusement World was a leading case where courts decided for the defendant, based on the idea-expression distinction that copyright cannot protect the idea for a game, only the game's unique expression.

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