Research On The Rules Of Substantial Similarity Judgment Of Works

The realistic needs of the construction of spiritual civilization of the times promote the vigorous development of works.The infringement of works no longer stays in the stage of simple reproduction and low-end imitation.The infringement mode is dependent on the rapid evolution of social inertia,which has different forms.As a result,it is more and more difficult to determine the infringement of copyright.As the key criterion of copyright infringement,the rule of substantial similarity is not clear.In the context of various and changeable means of infringement,how to identify “substantial similarity” is more difficult to locate and grasp.In theory,the rule of substantial similarity is not designed as a unified standard in copyright law,but it is generally applied in practice,resulting in a lot of confusion.As the soil of the emergence and development of substantive similarity rules,copyright infringement trial activities can best reflect the applicable procedures of substantive similarity rules,and also can most accurately reflect the shortcomings of substantive similarity rules.How to analyze and clarify the application of substantive similarity rule in practice is an urgent task in the practice of copyright infringement judgment.In the way of empirical research as the analysis method,finally selected 86 judicial documents from Peking University magic weapon legal database as samples,analyzed and summarized the judicial application of substantive similar rules,and obtained the operable judicial rules.In the case of non mechanical reproduction,the substantive similarity rule must be applied in the trial of copyright infringement.It is a prerequisite to apply the rule of substantial similarity to determine that the work belongs to the “original” work,and the distinction between thought and expression is a necessary step to apply the rule of substantial similarity.When comparing whether the relevant elements of the two works constitute “substantial similarity”,the test method of “whole + part” is adoptable,and it is more appropriate to refer to the experience of the relevant subjects.After citing the relevant theoretical basis and proving the operability of the substantive similarity rule,the problem of what is“substantive similarity” is naturally solved.Considering the important role of substantive similarity rule in the determination of copyright infringement,it is necessary to upgrade the substantive similarity rule into a unified legal norm.As the premise of “substantial similarity”,the standard of whether a work has “originality” is different according to the different attributes of the work.At the same time,in the application process of substantive similarity rules,the basic method of identifying“substantive similarity” should be determined as “whole + part” identification method,and the main body of fiction should be determined as the relevant public and experts.In this way,we can achieve the satisfaction of substantive similarity rules and application level.