| In recent years,the box-office sales of domestic films break a million for several times,and traditional television series also embrace unprecedented ratings and profits with the help of the internet.Meanwhile,there are frequent disputes caused by the infringement of copyrights of films and television series.In 2014,the copyright infringement dispute case in which the famous writer and scriptwriter Chiung Yao accused the director Yu Zheng,has caused enormous response,and the copyright infringement problem attracted extensive attention from the public again.In specific judicial practices,how to divide the protection scope of the copyright and reach the judgment of copyright infringement through the correct application of substantial similarity has already become an important node balancing the interest of the author and social public.Substantial similarity,as one of the basic rules for the determination of copyright infringement,has always been the key and difficult points in the judicial application.In the judgment of the copyright infringement in films and television series,it is specifically reflected by the difficulty in the dichotomy of ideas and expression of works,as well as the disunity in the substantial similarity judgment method and standard.Based on the five typical copyright infringement judgments of film and television series in our country,this paper analysis the method and lack of substantial similarity test in the current judicial practice,and discusses how to improve the substantial similarity test by considering the doctrine of copyright law such as dichotomy of idea and expression and originality,as well as the basic principle of balance of interests.Because approaches to test substantial similarity are not exclusive,so the judge should consider various factors such as the judging perspective,the selection of specific methods and the level of creativity,etc.,to make judgment as much as possible to conform to the purpose of copyright law. |
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