Merger doctrine (copyright law)
- Merger doctrine (copyright law)
In United States copyright law, the merger doctrine holds that if an idea and the way to express it are so intricately tied that the ways of expression have little possible variation, there will not be copyright infringement, lest the copyright prevent others from expressing the same idea. The overall principle is that of the idea-expression divide, which is that one can hold a copyright in an "expression", but "not in an idea".
One case involving this was "Ets-Hokin v. Skyy Spirits Inc." [225 F.3d 1068 (9th Cir. 2000) [http://www.law.cornell.edu/copyright/cases/225_f3d_1068.htm] .] , in which the court ruled that the whole vodka bottle in that case was driven by function, was not subject to copyright, and could not be protected by copyright law for that reason. While the label might have been protected by copyright, it was ruled to be incidental to the use and not significant.
References
* [http://www.google.com/search?q=cache:N9zho-MgPYcJ:www.paulweiss.com/files/tbl_s29Publications/FileUpload5679/5645/MergerDoct.pdf+%22merger+doctrine%22&hl=en&ct=clnk&cd=16 The Merger Doctrine; COPYRIGHT LAW]
Wikimedia Foundation.
2010.
Look at other dictionaries:
Merger doctrine — The phrase merger doctrine or doctrine of merger may refer to one of several legal doctrines: Merger doctrine (antitrust law) Merger doctrine (civil procedure) Merger doctrine (copyright law) The merger doctrine in criminal law of lesser included … Wikipedia
Law of the People's Republic of China — is the legal regime of the People s Republic of China, with the separate legal traditions and systems of Mainland China, Hong Kong, and Macau. Between 1954 and 1978, there was not very much effort within the People s Republic of China to create a … Wikipedia
Copyright — Copyrighting redirects here. For the use of words to promote or advertise something, see Copywriting. Copyrights redirects here. For Wikipedia policy about copyright issues, see Wikipedia:Copyrights. Intellectual property l … Wikipedia
Copyright misuse — Competition law Basic concepts History of competition law Monopoly Coercive monopoly Natural monopoly … Wikipedia
Law, Crime, and Law Enforcement — ▪ 2006 Introduction Trials of former heads of state, U.S. Supreme Court rulings on eminent domain and the death penalty, and high profile cases against former executives of large corporations were leading legal and criminal issues in 2005.… … Universalium
European Union law — European Union This article is part of the series: Politics and government of the European Union … Wikipedia
property law — Introduction principles, policies, and rules by which disputes over property are to be resolved and by which property transactions may be structured. What distinguishes property law from other kinds of law is that property law deals with… … Universalium
Competition law — Antitrust redirects here. For the 2001 film, see Antitrust (film). For laws specific to the U.S., see United States antitrust law. Competition law Basic concepts … Wikipedia
Idea–expression divide — Intellectual property law Primary rights Copyright · authors rights … Wikipedia
publishing, history of — Introduction an account of the selection, preparation, and marketing of printed matter from its origins in ancient times to the present. The activity has grown from small beginnings into a vast and complex industry responsible for the… … Universalium
