The Ideas/Expression Boundary for Artistic Works in New Zealand

This article examines the ideas/expression dichotomy as applied to artistic works in New Zealand copyright law. Under New Zealand copyright law, the principle that expression is protected while ideas are not is fundamental. However, applying this dichotomy to artistic works remains difficult in practice. Given the traditional “sweat of the brow” test for originality, this article examines how courts have attempted to distinguish between unprotectable ideas and protectable expression, particularly in cases involving collocations, functional constraints, and low originality works. The discussion considers the role of skill and labour in assessing originality, the arrangement of unoriginal features in collocations, the influence of external factors, materiality, and the treatment of words and figures in design drawings. By reviewing key New Zealand authorities, the article concludes that demarcating the boundary between idea and expression remains challenging. Keywords: Copyright law, ideas/expression dichotomy, originality, New Zealand copyright, artistic works, substantiality, infringement, design, industrial design