Literary And Artistic Creation "used Acts Of" Copyright Infringement

My paper is intended to make a study of the issue of copyright infringement on somekind of action which is to make use of other writer's brains to produce his owe works. Thecreated elements which have been used can be divided into character, plot and environment.In order to accomplish the above-mentioned topic, we should prove up the following threeproblems.Firstly, we should definite if the second writer really used other person's createdelements. The action of using characters of others or using environments of others is veryclear, because the distinguishing feather of the second writer's work is the perfect union ofhis own plots and other writer's characters or environments. But the action of using plots isdifferent from this, because the plot is the most important element of a literary output. Thecreativity of a writer is mainly embodied in the plots, so the second writer won't recognizethat he had picked other person's plots. Therefore we should rely on some methods to makesure that the action of using plots of others really has been taken place. The method is tomake a comparison between the two works to find out if there is a degree of resemblancebetween the plots in the two works. If there are so many similarities in the plots that it'sfar-fetched to regard them as "coincidence", we can ascertain that the actor has picked otherperson's plots.Secondly, we should definite if the created elements belong to the scope of copyrightprotection. According to "the idea/expression dichotomy", we know that the "expression" ina work can be protected by the copyright but the "idea" expressed can't be protected. So themost important thing is to explore the rule to distinguish between idea and expression. Thecreated elements in the public domain, first of all, can't be monopolized by a certain writer.Secondly, if the first writer has a striking originality in producing his characters,environments and plots, and the above-mentioned elements are able to fulfill remarkableidentifiability, they should be regard as "expression" and belong to the scope of copyrightprotection.Thirdly, if the second writer really took other person's created elements which belong tothe scope of copyright protection, he is on suspicion of infringing on other person's copyright.If he can't enter a plea of "fair use", his action will be decided as tort. In US Copyright Law,the institution of fair use has been formulated as one list of items and four abstract standards.We will use the standards to judge if the action of using other person's created elements is"fair".The keyword: copyright infringement, character, plot, environment, the idea/expressiondichotomy, the fair use...