Suitable For Using Idea/Expression Dichotomy In The Film And Television Works

Qiong Yao,the famous Taiwan writer and screenwriter sued Yu Zheng and other four people infringement of the right to adapt and file,which caused quite a stir in the judiciary of our country.The discussion of the application of the idea/expression dichotomy principle has once again aroused the heated debate among the experts and scholars.Idea/expression dichotomy principle is a basic system and principle on the copyright law.The design of the original intention is to limit the object of copyright.After the emergence of this system in the United States in the 19 th century,judicial practice and copyright laws in various countries also recognized and used it.However,China is also one of the members of international treaties such as TRIPS,and Idea/expression dichotomy principle has not appeared in the copyright law before "third revision of the copyright law".This is one of the reasons why there is still a lot of controversy in the case of Chinese copyright law trial practice such as Qiong Yao complained Yu Zheng about the copyright infringement case.Even if it is clearly defined in the written law,the different types of works have different ways to classify the detailed provisions.How to divide the scope of thought and expression is still a core issue that the court must focus on in the process of substantive trial of copyright infringement cases.It is only through the study of such jurisprudence that the distinction between ideas and expressions is clear.After clarifying the differences between the principles of dichotomy and other principles in the copyright law,such as the originality principle and the substantive similarity theory,ideas/expression dichotomy principle can be used in the legislative and law enforcement aspects in order to play its practical significance.The means of determining the copyright infringement is mainly reflected in the plot and the plot,the role and the scene and the style and material,which is the biggest difference to the general method.How can the general method of identification and the special method of film and television works be combined,to obtain the general rules and conclusions of determining the infringement of works? According to the above content,this paper is divided into three parts:The first part focuses on defining the connotation of the thought,expression,and the difference with the merger.Through the Baker v.Selden case,it leads to the content and a series of problems of idea/expression dichotomy principle.Then it focuses on the process,legislation,and analysis of rationality.At last,it analyzes the rationality of t idea/expression dichotomy principle and its relationship with originality theory,substantive similarity theory and plagiarism theory,so as to comprehensively understand the principle.The second part focuses on that distinguish between thought and expression.First of all,through a typical case,the paper introduces abstract test method,the overall sense of comparison method,the merger principle,the scene principle.From general to specific,according to the characteristics of the film and television works,it mainly analyzes "Qiong Yao complained Yu Zheng about the copyright infringement case" in the field of thought and expression.It discusses the case respectively from three aspects,like the plot and plot,characters and scenes,style and material,to judge factors influencing the idea/expression.Eventually it comes to the conclusion that Yu Zheng's "palace lock bead curtain" infringes on the right of the "plum blossom".From the perspective of China's judicial practice,the third part mainly points out the application of idea/expression dichotomy principle and proposes recommendations objectively.Through analyzing the current legislative regulations,it also points out the lack of legislation and reflects on the current situation,such as Chinese legislation has not yet detailed provisions of the idea/expression dichotomy principle.There is a deviation in applicability of Chinese specific film and television works so that it has not formed the method to distinguish between thinking and expression.Finally it puts forward legislative proposals,so as to make up for the deficiencies of the existing rules,to perfect and supplement it.