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Unpublished Paper
“Substantial Expression” and “Formalized Expression” –A New Philosophy of the Subject Matter of Copyright
ExpressO (2014)
  • Haijun Lu
Abstract

It has been reached a consensus in copyright academic community that the subject matter of copyright is expression. The expression protected by the copyright is expression showed in certain symbol combinations. It is the symbolized and formalized expression. Before the appearance of the “Formalized Expressions”, the “Substantial Expressions” has been in the mind. The former is the subject matter of copyright; the latter is the essence of the subject matter of copyright. The raising of the two concepts can present a more clear idea of the subject matter of copyright. As the common elements of literary works are limited, the “Formalized Expressions” of the kind of works is same to the “Substantial Expressions” of the kind of works. The distinguishing of the “Formalized Expressions” and the “Substantial Expressions” is in favor of making the right of derivative works basing on the underlying works rational, understanding the essence of software works and architecture works clearly, and clarifying the real relationship of the works. We should distinguish the “Formalized Expressions” and the “Substantial Expressions”.

Keywords
  • Substantial Expression; Formalized Expression; Subject Matter of Copyright
Publication Date
January 9, 2014
Citation Information
Haijun Lu. "“Substantial Expression” and “Formalized Expression” –A New Philosophy of the Subject Matter of Copyright" ExpressO (2014)
Available at: http://works.bepress.com/haijun_lu/1/