Study On Substantive Similarity In Copyright Infringement Cases Of Animation Works

In the last few years,with the vigorous development of animation film and television industry and the convenience of Internet communication technology,at the same time produced a lot of impressive animation works,but the market is also everywhere about animation works of infringing goods,which about the animation image occupies the vast majority,this kind of behavior not only makes copyright owners and related rights holders suffering from infringement,but also makes the enthusiasm of creators hit hard,resulting in the slow development of China’s animation industry.At present,China’s copyright law does not make clear provisions for the protection of animated works and animated characters image,in practice,usually according to the different types of infringing content than other forms of protection of works,mainly using substantive similarities and contacts to determine whether the two works are infringing.However,animation works have their own particularity,so this paper makes an in-depth study on the judgment rules of substantial similarity in the infringement of animation works.This paper first introduces the formation characteristics of animation works and analyzes the differences between animation works and other works.Then found that the current animation image of the reference art works to protect,but the animation image because of its own formation characteristics can not be simply equivalent to art works,so the use of art works of protection is not fully applicable to animation works,it is necessary to find a separate animation works suitable for the judgment method;Secondly,it analyzes the copyright infringement cases of animation works in recent years,and finds that the original elements of animation works are not considered enough when the infringement is determined,the similarity in the infringement determination is too high and the judge determines that the similar subjectivity is too strong,so it is possible to make a kind of case study on the judgment of the infringement of animation works.Further,the model of protecting animation works abroad is studied and analyzed,and it is found that the United States has given higher protection to animated characters when using substantive similarity to make infringement judgments on animated works,and Japan has also introduced the concept of animated characters to protect animated characters.Finally,combined with the special features of animation image,the foreign experience of protecting animation works is introduced,and a set of substantive similar judgment methods are put forward to improve the infringement cases of animation works.