Le dynamiques du droit dauteur Paris 9 13

Le dynamiques du droit d’auteur Paris 9 -13 juillet Protection of ideas : conceptual art, derivative works, style, etc. Président: Prof. Edouard Treppoz Protection of idea and freedom of art Panéliste: Silvia Perra

- Platonic conception of the idea. - Perfect and unchanging entity which exists on its own. - Autonomous reality. - Conception of the idea nowadays. - Representation or thought of our intellect, i. e. the result of a purely theoretical inventive and creative process not yet expressed, which may be so by its subsequent realization and implementation.

- Protectability of the idea in the Italian law system and in most civil law systems. - Copyright only protects expression forms and not the content of information and ideas. Where does legal protection of ideas begins? - Kohler’s Theory: internal form, external form and content. -Copyright concerns personal and creative ways to represent reality, giving it order and form, and not the represented reality. -The idea itself cannot be legally protected: it needs to be expressed and characterized by creativity, intended as originality and objective novelty.

Certain typologies are difficult to qualify (databases, software, etc. ). - Format as entity bordering on the copyright. Possible protection? - A TV program sketch, at the stage of simple idea, with no formal expression and potentially reaching its own completeness only by means of later creative contributions, will not enjoy protection of intellectual property.

Chances of protecting the author increase with higher degrees of idea expression. - Except for some attempts of spreading out protectability of “advanced” ideas, our law system still adheres to the principle that “les idées ne sont pas de libre parcours”.