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Study On The Dichotomy Of Thought And Expression In Copyright Law

Posted on:2016-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y KangFull Text:PDF
GTID:2296330503450133Subject:Law
Abstract/Summary:PDF Full Text Request
As Qiong Yao sued Yu Zheng for copyright infringement first instance verdict, on copyright in the idea expression dichotomy in how to define academic debate once again become the focus of thought and expression in literary works. The idea / expression dichotomy is a basic system and basic principles of copyright law on its basic meaning can be summarized as follows: the copyright law protects only the expression of thought,rather than to protect the idea itself. This principle is subject to protection under copyright law- works understood as "ideology" and "expression" two aspects, copyright protects only one of the "expression" rather than to protect one of the "thinking." This principle has been widely recognized by national judicial practice, however, the basic principles of this country yet to be clearly defined in the Copyright Act provisions in the law, "the third revision of the draft Copyright Law" has been before, resulting in trial practice in the application of copyright law, which a lot of problems exist in principle.In this paper, "Qiong Yao copyright infringement complaint to the positive" for example, through its controversial 21 plot and the characters are thinking or expression studies, clear division of ideas and concepts and methods of expression, given the idea / expression dichotomy principle recommended Infringement of written works.This paper is divided into four parts, the first part of questions, introduced the idea /expression dichotomy in our current situation and problems; the second part is the idea/expression dichotomy overview of the main explanation "thought" and "expression" of implications; third part analysis "Qiong Yao in the positive case", focuses on the focus of controversy in the plot and the characters are thinking or expression; fourth part on the idea /expression dichotomy principle applies to the suggestion that in judicial practice case studies to be combined with the specific environment in accordance with the specific case.
Keywords/Search Tags:Idea, expression, dichotomy, written works, opyright infringement, suggestion of application
PDF Full Text Request
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