| Commentary

117 The old law of confidence

| Commentary

F: CONFIDENTIALITY PRIVATE INFORMATION AND COPYRIGHT PROTECTION

117 The old law of confidence

For copyright to subsist in a work, a record of some sort of the work must have been created, and even then it is only the form of the work which is protected from copying, not any idea or ideas embodied in it. It was therefore necessary to look to the common law and to equitable provisions of confidentiality and trade secrecy in order to secure protection of ideas, which are not protected by copyright. To obtain this type of protection for ideas which are imparted to third

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