Research On The Applicable Method Of Idea/expression Dichotomy In The Case Of Plagiarism In Film And Television Works

The Idea/Expression Dichotomy is a basic principle in copyright law,which has been widely recognized in the laws of many countries.However,the principle itself has been controversial for a long time,leading to its application without uniform standards.Nowadays,the plagiarism of film and television works has become a hot topic.With the enhancement of citizens'awareness of the rule of law,more copyright stakeholders choose to resort to law when their works are plagiarized.However,the traditional Idea/Expression Dichotomy is not fully prepared for the new problem of film and television works plagiarism.The author will analyze and answer this problem.The first chapter of the article introduces the Idea/Expression Dichotomy theorythe research status,put forward its itself there are problems unresolved,in the face of more and more film and television works plagiarism dispute the co-action:review of scholars of thought and Idea/Expression Dichotomy,they have not yet fully to completely solve those problems;After analyzing some classic cases of film and television works plagiarism in China,it is found that there are various problems when judges apply this theory.The author tries to find new ideas for the application of this principle in the case of plagiarism in film and television works.The most important question in the debate about the Idea/Expression Dichotomyis whether and how it can really be distinguished.The second chapter makes a new analysis of the relationship between the two,and uses the existing theoretical results to clarify the originality,focus and publicity features of thoughts and expressions.In addition,there are some specific application methods of this principle that can be used to judge whether there is similarity between works,what kind of similarity there is,and whether the similar results are due to the alleged copycat's infringement.This is in order to correctly identify the judgment is the thought or expression of the object of this act,excluding irrelevant or may mislead the judge matters.On the basis of the second chapter,the third chapter briefly introduces the characteristics of film and television works,and constructs a set of specific methods suitable for judging the fact of plagiarism in this kind of works.First,judge whether the accused copycat has the possibility to contact and copy other people's works.If it is presumed to be possible,observe and analyze the film and television works involved in the case with the standard of ordinary audience and the method of overall observation,find out the similar parts between the works,and finally distinguish the thoughts and expressions in these parts.In this process,judges themselves should also have basic movie-watching and reading ability,understand the differences in originality,focus and publicity between different types of film and television works on different themes,and flexibly analyze the evidence presented by the parties.In the end,this paper summarizes the first three chapters,restates the problems and solutions encountered by the dichotomy of thought and expression,and emphasizes again the similarities and positive effects between this principle and the characteristics of current cultural development.Giving full play to the Idea/Expression Dichotomy is conducive to the realization of the purpose of copyright law to protect the rights of authors of literary and artistic works and promote the development and prosperity of socialist culture in the current environment.