Volume 9 Issue 1

Idea and expression in a digital world

Warwick A Rothnie*

This paper explores the dichotomy between ‘ideas’ and ‘expression’ in copyright law. Copyright has traditionally subsisted in the expression of ideas, not in the ideas themselves. Application of the idea/expression dichotomy has become increasingly difficult with the advent of digital technology, since the distinction between ideas and their expression is often difficult to identify. Through a discussion of the relevant case law, the author argues that the two concepts have, to an extent, converged. He concludes that while the idea/expression dichotomy still exists in the digital environment, it may not provide solutions to all the problems that may arise from treating computer programs as copyright subject matter.