Research On The Cognizance Of Copyright Infringement In Internet "Manuscript Washing"

The rampant online "washing manuscripts" and the trend of industrialization have brought new challenges to the copyright system,greatly punishing the enthusiasm of original authors.The main reason for the rampant "washing manuscripts" on the Internet lies in the serious imbalance between the benefits of "washing manuscripts" and the legal risks of "washing manuscripts".The "washing manuscripts" that have developed so far have a strong malicious nature,which is different from the original intention at the beginning of its birth,contrary to the development purpose of the copyright system and should be expressly prohibited by law.The target of online "washing manuscripts" is limited to the type of written works,and the modification of the written works is very concealed.When the relevant infringements are identified,the theoretical basis cited is complex and uncertain,resulting in the existence of gray areas Let the "laundry" get into the loophole.The original expression of literary content is protected by the Copyright Law,and the original expression is the prerequisite for the work in the sense of copyright law.In the infringement judgment of "washing manuscripts" on the Internet,the judgment of whether it is original should follow the principle of balance of interests.The degree of originality "quality" should be constantly changing according to the needs of technological development and unpredictable market laws.Today,with the proliferation of "washing manuscripts" on the Internet,to suppress the occurrence of "washing manuscripts",it is necessary to reduce the level of ingenuity confrontation in the determination of infringement.The reduction in the degree of ingenuity "quality" will expand the scope of protected works.Therefore,when the infringement is determined,the basic scope of the original author’s rights is expanded.The expansion of the original author’s basic rights can easily obtain the referee’s support in the infringement lawsuit to achieve the purpose of suppressing the proliferation of online "washing manuscripts".The dichotomy between thought and expression can directly affect the infringement judgment of "washing manuscripts" on the Internet.From the external expression form of the work to the final theme of the work,it is a top-down "pyramid" structure.At the bottom of the pyramid is the external form of expression,that is,the expression of each sentence of the work,and the theme of the work at the top of the pyramid is a process of continuous abstraction and generalization.The dichotomy between thought and expression exists somewhere in the pyramid.The distinction between thought and expression is an important policy decision.For different periods and different types of works,the limits of thought and expression are adjusted flexibly.Guided by the policy according to the actual situation,it can maintain the stability of the law to the greatest extent.In today’s digital era,the dissemination of information no longer relies on paper-based dissemination methods,but more on digital dissemination.The "washing manuscripts" of the Internet were born under this background,and the "washing manuscripts" developed in an industrialized way."The industry has seriously infringed on the creative enthusiasm of original authors,and it has also hindered the dissemination of high-quality knowledge and information.At this time,the policy should be slightly inclined to original authors,and the boundary between thought and expression should be moved to the top of the pyramid.To better rectify the "washing manuscript" behavior of the network.To fundamentally avoid malicious "washing manuscripts" on the Internet,it is necessary to define objective and infringement determination standards in judicial practice and give full play to the guiding role of the law.Judgment criteria for substantive similarity should be based on the constituent elements of different types of written works,first determine the constituent elements of different types of written works,clarify the standards of protected elements,and then determine whether the work in question falls within the scope of protected elements.