Knowledge expansion:
The distinction between thought and expression is sometimes blurred, that is, the author's thoughts that originally existed in his mind cannot be protected by copyright law without externalization and external expression, and only when the thoughts in his mind are expressed through tangible external expression can they become the protected objects of copyright law.
The significance of the dichotomy of meaning and thought expression lies in defining the scope of copyright protection. Dichotomy, as a theoretical tool, is applicable to the case that there are similarities between the works suspected of infringement and the works protected by copyright when there is an infringement dispute when the works are used. At this time, it is necessary to use theoretical tools to distinguish abstract ideas from concrete expressions.
The dichotomy of conceptual thought expression means that the thoughts, feelings and expressions of works belong to subjective and objective categories respectively. Copyright law only protects the forms of expression, including the author's originality, but not the ideas expressed, which is one of the basic theories of copyright.
The Agreement on Trade-Related Aspects of Intellectual Property Rights also stipulates that copyright protection should extend to expressions, but it does not include ideas, technologies, operating methods or mathematical concepts themselves. Copyright law only protects the expression form of the creation containing the originality of the author, but does not protect the expressed thought, that is, the dichotomy between thought and expression, and cannot monopolize thought.
The author's creation is actually a transformation process from thought to expression. The distinction between thought and expression is sometimes blurred, that is, the author's thoughts that originally existed in his mind cannot be protected by copyright law without externalization and external expression, and only when the thoughts in his mind are expressed through tangible external expression can they become the protected objects of copyright law.
Beckham lighting a fire is not a performance. The behavior controlled by performance right is public live performance (such as playing music, singing songs, performing scripts, reciting poems, etc.). ) and public mechanical performances (such as recording or disseminating performances to the public). Performer's right also shows that performance is limited to the performance of "works".
Secondly, according to the dichotomy of thought expression, copyright only protects the original expression of thought, not the thought. "Procedures, methods and steps" belong to ideas, which leave space for the public domain, while intellectual property rights give the author a monopoly. The existence of ideas in the public domain is to let the public continue to innovate on the basis of what human beings have.