On The Test Of Substantial Similarity In Fiction Works

The identification of copyright infringement is different from other civil tort cognizance."Substantial similarity" is an important touchstone for the identification of copyright infringement.The copyright law and relevant laws and regulations of our country have no explicit provisions on the "substantive similarity" rules,which are from the American judicial precedents and belong to the imported concept.With the gradual maturity of the application system of copyright infringement cognizance rules of "substantial similarity" in China's trial practice,we have enough analytical materials,and it is necessary to study the general rules of "substantial similarity" in the identification of copyright infringement of specific types of works in China.A patterned operation process.In recent years,the cases of copyright infringement disputes in Fictions works have come out in an endless stream,and the most difficult point of the identification of the novel plagiarism is to confirm whether the rights novel and the controlled works constitute "substantial similarity".It is an example of the plagiarism dispute of the novel as an example and the copyright infringement.The concrete cognizance of "substantial similarity" is studied concretely.Through the analysis of the essence of "substantial similarity",it is clear that the "substantive similarity" of the two works means that the defendant's work has copied the original expression of the original work,which may affect the market value of the previous works.The essence of the "substantive similarity" is the determination of the originality and expression of the works.It is pointed out that the theoretical premise of the identification of the "substantial similarity" is the two point theory of thought and expression and the theory of originality.The differences in the properties of novel literary works and the differences in the understanding of the concept of "substantial similarity" in judicial practice and the disunity of the applicable rules lead to the difficulty of judging whether the plagiarism constitutes copyright infringement.Although the "substantive similarity" of the novel is simple and fast,it can also easily lead to the protection of the public domain or the necessary scenes in the novel,which can also be brought into the scope of protection,increasing the pressure of the litigation,and may also affect the creative power of the writers.Only using the three step test method to identify the "substantial similarity" of the novel,and may ignore the originality of the whole plot of the novel,inappropriately narrowing the scope of the copyright protection of the novel,and affecting the reasonable interests of the original author.Therefore,the general rule of "substantive similarity" in a novel plagiarism dispute is taken as the subject of direct readers as the main body,the integrated application of the holistic perception method and the standard of the three step test as the general rules of "substantial similarity" in the novel plagiarism,which not only provides the necessary strategic basis and Countermeasures for the creators in the plagiarism,but also the creative development and the literary works.The development of chemical industryhas important inspiration value.