Rethinking the Idea-expression Dichotomy

The idea-expression dichotomy, which has been widely applied to all the intellectual property, refers to a copyright protection standard that ideas themselves are not protected, but only expressions with creativity are protected by copyright. However, dividing the border between ideas and expressions is not always simple, having various problems and limitations, in that the border between ideas and expressions is constantly changing and sometimes the traditional idea-expression dichotomy seems to be broken or inappropriate to be applied in certain copyrighted works. Now, more comprehensive and delicate approach in applying the idea-expression dichotomy is necessary for more appropriate copyright protection. This article examines the definition of ideas and expressions, and the implications of the idea-expression dichotomy, and then reviews changing aspects of the idea and expression separation, that is, the changing border line between ideas and expressions, and the limitations of the idea-expression dichotomy. This article also reviews the specific applications of the idea-expression dichotomy in Korean cases where the courts made decisions under the idea-expression dichotomy. Finally, this article suggests the necessity of rethinking the idea-expression dichotomy standard for more appropriate copyright protection and redefining copyrightable and un-copyrightable elements in the copyrighted works.