The Idea–Expression Dichotomy in Indian Copyright Law

  • Unique Paper ID: 187848
  • PageNo: 7313-7323
  • Abstract:
  • The idea–expression dichotomy in copyright law ensures that while creative expression is protected, underlying ideas remain free for public use. Exceptions such as the merger doctrine and scènes à faire prevent monopolization of ideas but often blur the line between idea and expression, complicating copyright enforcement. This paper examines the evolution of the dichotomy, explores these key exceptions, and analyses comparative approaches in the U.S., U.K., and France. Under comparative analysis in India, contradicting judicial decisions such as Zee Telefilms, Anil Gupta, and Singardaan are also discussed to highlight judicial inconsistency. It also highlights the challenges in Indian law due to the absence of statutory codification and argues for clearer legislative guidance. Proposed solutions include defining “idea” and “expression,” codifying relevant exceptions, clarifying the burden of proof, and aligning Indian law with TRIPS and the Berne Convention. The study aims to provide a roadmap for enhancing legal certainty, protecting creators, and promoting innovation while keeping ideas accessible to all.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{187848,
        author = {Jefrine Juliana J and Kavyasri KS},
        title = {The Idea–Expression Dichotomy in Indian Copyright Law},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {12},
        number = {6},
        pages = {7313-7323},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=187848},
        abstract = {The idea–expression dichotomy in copyright law ensures that while creative expression is protected, underlying ideas remain free for public use. Exceptions such as the merger doctrine and scènes à faire prevent monopolization of ideas but often blur the line between idea and expression, complicating copyright enforcement. This paper examines the evolution of the dichotomy, explores these key exceptions, and analyses comparative approaches in the U.S., U.K., and France. Under comparative analysis in India, contradicting judicial decisions such as Zee Telefilms, Anil Gupta, and Singardaan are also discussed to highlight judicial inconsistency. It also highlights the challenges in Indian law due to the absence of statutory codification and argues for clearer legislative guidance. Proposed solutions include defining “idea” and “expression,” codifying relevant exceptions, clarifying the burden of proof, and aligning Indian law with TRIPS and the Berne Convention. The study aims to provide a roadmap for enhancing legal certainty, protecting creators, and promoting innovation while keeping ideas accessible to all.},
        keywords = {},
        month = {November},
        }

Cite This Article

J, J. J., & KS, K. (2025). The Idea–Expression Dichotomy in Indian Copyright Law. International Journal of Innovative Research in Technology (IJIRT), 12(6), 7313–7323.

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