I just finished reading the fascinating reasons delivered by the Quebec Court of Appeal in the France Animation v Robinson, 2011 QCCA 1361 case. The main issue in the appeal was whether sketches and characters of the proposed TV series Robinson curiosity were infringed by the series Robinson sucro. The trial judge found infringement and the Court of Appeal upheld the judgment, in part.
Archive for the ‘idea expression dichotomy’ category
It is often argued by anti-copyright advocates that copyright is a monopoly that operates so stringently that it stifles creativity and leaves no room for others to create similar or competing works. This argument often overlooks the idea expression dichotomy principle in copyright law. This principle is applied, albeit with variations, throughout the world to regulate the balance between legitimate expression that cannot be copied without consent, unless an explicit exception applies, and ideas and concepts that can be freely re-used by anyone without consent, payment, or restrictions.