Study On The Application Of Substantial Similarity Rule In Copyright Infringement

In recent years,copyright infringement aroused in the area of Chinese novels,scripts and other literary works of art is not uncommon,such like QIONG YAO v.YU ZHENG,ZHUANG YU v.GUO JINGMING and so on.The development of literary works can not be separated from other people's experience and innovation by themselves,in such disputes,how to distinguish between the ideas and expressions in the work? Does the similar works of stories clues,characters and character traits form the copyright infringement action? How much of the similar parts constitute copyright infringement? How to use the substantial similarity rule in the specific judicial application to carry on the non-literal content copyright infringement judgment? The current copyright law does not make such a clear specification of such problems,it have sparked heated controversy in the literary world,the legal profession and even the general public.In this paper,the writer takes the copyright infringement case QIONG YAO v.YU ZHENG as the starting point,and then deepen the research in the area of copyright infringement disputes of literary and artistic works,such as script,novel and so on,and learn from the relevant jurisprudence and legislation stipulated in the United States and German well as China's past classic cases,taking the combination of case and the theory,in order to discusses the concrete application of the substantial similarity rule in copyright infringement,and explore the issues on whether the non-literal elements such as the story context,the storyline and the character relationship belong to the expression of thought,and how to use the substantial similarity rule to determine the infringement.The paper use the method of qualitative analysis and quantitative analysis by referring to the whole view of the method of consciousness,so as to offer a new train of thought in copyright infringement cases in the future.