The IdeaExpression Dichotomy

&nbsp.Going by the fact that Trotsky simply produced the idea for the tune which was later worked upon by both of them, but not recorded or fixed the expression for the same. it comes to the forefront that his idea for the tune per se is not copyrightable, as per the cardinal rule of fixating expressions in a permanent form. This is the first instance where Trotsky might fall weak in his defense, as his idea for the tune, however original it might be, does not attract copyright protection for the abovementioned reasons. Therefore, Trotsky might not avail of such copyright in his idea for the tune, and thereby transfer the rights vested in the music to be exploited for an advert of cheap clothing. While there are doubts regarding Trotsky’s authorship for copyright purposes for the idea of the tune, his contribution to producing the final outcome cannot completely be ignored. Trotsky had collaborated with McVanney in modifying certain aspects of the song to be used later on in the performance of the same, and this opens up further discussion on joint authorship and co-ownership.
The author of a work is defined in the Copyright, Designs and Patents Act 1988 as the person who creates the work. There are particular provisions dealing with a situation when there are several authors involved in the creation of a work. This is more so in case of literary, dramatic, musical and artistic works. A work is a work of joint authorship if it is ‘a work produced by&nbsp.the collaboration of two or more authors in which contribution of each author is not distinct from that of the other author or authors.’ Moreover, there are three conditions to be fulfilled in determining whether a work is a work of joint authorship.

You Might Also Like