Analysis Of Copyright Infringement Cases Involving Huiwen Liye Company V. Zunsoft Company And Others

The dichotomy of thought and expression is a basic system of copyright law,which means that the copyright law protects the original expression in the work but does not protect the idea.When there is only one or a limited number of expressions for an idea,the copyright law does not protect not only the idea but also the expression.Practice "contact + substantially similar" is a basic standard that copyright infringement behavior,the existence of the cognizance of "contact" more is a matter of fact,if the obligee prove that work was first published,is in a state of the public can contact can be presumed to exist the possibility of contact,in the substantive similar infringement determination,Combining three-step inspection standard and overall sensory method to determined whether works constitute plagiarism,filter out works belong to the category of thought of getting rid of first is protected by copyright law,and then carries on the comparison to the rest of the specific expression,when compared to both from the overall layout of the works,narrative structure,such as comprehensive comparison,It is also necessary to compare the expression of specific language in parts of the works.If the above methods can be used to determine that the two works constitute substantial similarity,the act of plagiarism can be determined to be valid under the condition that other requirements for the judgment of infringement are met.