With the introduction of the Digital Millennium Copyright Act (DMCA), courts are now faced with the unsettling issue that copyright holders can receive damages even though copyright infringement did not occur. This comment begins its analysis of this issue with a brief overview of basic copyright infringement fundamentals, the different approaches and numerous tests that circuit courts have applied, and the idea/expression dichotomy, including the merger doctrine and the scenes a faire doctrine. The author then explores the collision between the DMCA and the idea/expression dichotomy by showing how the DMCA has impacted copyright law and how it intersects with the idea/expression doctrine. This comment also suggests tools to resolve the circuit court split and strategies to provide stability in this emerging legal issue.
Matthew J. Faust,
What Do We Do With a Doctrine Like Merger? A Look at the Imminent Collision of the DMCA and Idea/Expression Dichotomy,
12 Marq. Intellectual Property L. Rev. 131
Available at: https://scholarship.law.marquette.edu/iplr/vol12/iss1/5