Research On The Substantive Similarity Judgment Rules Of Infringement Of Film And Television Scripts

With the rapid development of the film and television industry,film and television script infringement is also one after another.In the determination of copyright infringement,the principle of substantive similarity judgment plays a very important role.This principle is based on the knowledge innovation of the copyright law,on the protection of the copyright owner's creativity while the illegal use of other people's intellectual achievements of the act to impose sanctions.Although substantial similarity principle has not been formed into culture,it has been widely used in judicial practice."Copyright Law" in the third revision of the current work is also actively advancing,although the revised version was first mentioned in thought and expression dichotomy,but substantive similarity judgment principle is not written.Due to the lack of legislation,there are some deficiencies about the discussion and application of substantive similarity principle in the current academic and practical circles.Main features include: the premise of substantive similarity judgment and the expression of the dividing line is not clear;substantive similarity judgment method is not clear;substantial similarity criteria are not uniform.Through the analysis and comparison of many infringement cases in the judicial practice,there are some problems in the principle of substantive similarity of script infringement in our country.On the basis of drawing lessons from the judicial practice of the United States,and based on the actual situation of the application of the principle of China's national conditions and substantive similarity judgment.In our country,the perfection of the principle of the substantive similarity judgment in the film and television script infringement includes: clear legislation,the substantive similarity judgment principle is written into the provision,and the substantive similarity judgment method and the standard is into the culture;clear thinking and expression of the division method,clear distinction between thought and expression in the work,ensure the certainty of the substantive similarity judgment,maximum limit to avoid the judge's discretion;determine a unified standard for readers;consumer groups work is the reader,the reader judging from the overall experience of similar works may exist,and through their own intuitive feelings indirectly show the value of the works;clear the overall feeling and partial matching combination method,the advantages of the two methods are combined,so that the scope of protection of copyright law will not be expanded or reduced,and the purpose of copyright law can also be consistent with the motivation and innovation.