From "Qiong Yao V. Yu Zhengzheng", The Author Of The Copyright Of The Script Works To Protect The Boundary

Script works' copyright boundary of protection should propel theoretical development at the idea/expression dichotomy's recognizance. This thesis starts from the features of script works and the definition of copyright, and grasps the essence of dichotomy's absolutism and relativity. Thus, we ascertain the vague belt of copyright boundary of protection by finding out the abstract expression the in terms of formal elements and substantial elements, which exclusively belonging to script works and regarded as the new milestone. A series of terms of abstract expression are relocated and layered. Afterwards, the criteria of script works' infringement should adopt the qualitative and quantitative analysis method combined to contemplate. With the contract as the premise the qualitative analysis method focuses integral comparison & contrast approach, using abstract expression, bridge plot and concrete expression as critical points for demarcation. And themes are not considered while public materials are on the contrary in the process. Abstract expression with substantial similarity and concrete expression with similar appearance are compared by means of plot group chosen, characters repetition overlapped and linking points. The thesis contrasts and analyses Plum Blossom Brand and Palace3:The Lost Daughter by a set of eight-step associate standard procedure. And quantitative analysis method combines pith with coverage and the relative length of plots. At last,I propose five roles of guiding, barrier, referring, assisting, evidence in view of legal regulations and judicial practice.