Legal Research On The Determination Of Film And Televsion Script Plagiarism

With the development of China's cultural industry,the number of litigation disputes caused by suspected plagiarism increases year by year.In particular,in recent years,related industries such as film and television have been exposed to a number of more influential cases of plagiarism and infringement of film and television scripts,such as the sensational sequel and Chen Zhe's copyright rights in recent years.Infringement dispute case and recent Ni Xueli and Beijing Oriental Company and other copyright infringement disputes.Without amendment to other people's copyrighted screenplays,plagiarism in exactly the same way must constitute a tort;but plagiarism is not exactly the same,especially with the addition of one's own original work,that is,plagiarism,which belongs to the general view of theoretical circles,namely,"changing the face" of plagiarism.Whether this type of plagiarism constitutes infringement of copyright has become a difficult problem for judicial practitioners.The first part is the introduction.This paper explains the background and significance of the topic,explains the relevant research situation at home and abroad,and makes a literature review,and introduces the research methods and the frame structure of this paper.The second part starts with the literary theory,analyzes and summarizes the concept connotation and the remarkable characteristics of the plagiarism of movie and television script.The third part makes a theoretical analysis of the identification of plagiarism,mainly focusing on two points: one is the principle of originality;the other is the dichotomy of thought and expression.The fourth part analyzes and draws lessons from the rules of plagiarism of movie and television screenplay,and summarizes the following four points of reference: abstract generality method;contact plus substantial similarity method;overall concept and sensory testing method;the standard of general rational person.The fifth part analyzes the judgment standard of plagiarism of movie and television script in the judicial practice of our country,and the existing problems and loopholes.Finally,the sixth part puts forward some suggestions on how to improve our country's recognition of plagiarism of movie and television screenplay.