Research On The Confirmation And Regulation Of Copyright In Fringement Of Manuscript Washing

Viewed from the perspective of copyright,the risk of suspected infringement of copyright by "manuscript-washing" is mainly due to the plagiarism of the original expression in the original work,which will not only discourage the original creator's creative enthusiasm,but also infringe upon his legal rights and interests,more importantly,it will seriously impact the copyright protection system.Due to the difficulties in the demarcation of ideas and expressions and the lag in the legislation of copyright law,it is hard for the original creators and the relevant administrative departments to hold the "manuscript-washing" accountable,"expression of the idea of the dichotomy" which was originally used to protect the original by copyright Law was used by the infringers as a talisman.In order to encourage the innovation and spread of culture,it is necessary to clarify the illegality and legal responsibility of "manuscript-washing" at the legislative level,In particular,it defines the substantial similarity judgment methods of "literal similarity manuscript-washing" and "non-literal similarity manuscript-washing".In this process,we can explore the combination of "contact +substantial similarity",and form a category according to different elements of the works,combination of the "holistic perception of method","abstract separation method","thought expression dichotomy",originality and other rules of the "manuscript-washing" works for infringement judgment.When regulating the act of "manuscript-washing",we must give full play to the role of the Internet service platform as the main body and strengthen the discrimination of the originality of the works.At the same time,When regulating the behavior of "manuscript-washing",we should not restrict the behavior of Internet service providers excessively for the sake of copyright protection,which will increase the workload of Internet service providers,hinder the development of Internet technology,and hinder the dissemination and exchange of information.Therefore,in order to ensure the normal and orderly development of culture and economy,it is necessary to establish a positive incentive mechanism when we use the public power to restrain the tort of "manuscript-washing".