Research On The Determination Of Substantial Similarity Of Literary Work

The determination of copyright infringement is different from general civil infringement.The determination of whether the work is substantially similar is not only the basis for copyright infringement,but also the core issue in handling copyright disputes of the work involved.The determination of substantial similarity has its place in the determination of copyright infringement.It is very important and has research value.Especially with the development of the times,people’s "spiritual food"-literary works,are plagued by copyright infringement disputes,and the number of litigation cases is increasing in practice.The reason is that the concept of substantive similarity in my country is derived from American judicial precedents and is an imported concept.There is no relevant provision in my country’s current laws.Therefore,in practice,judges have inconsistent understanding of the meaning of substantiveness,which is specific to individual cases,leading to the determination The conclusions drawn by the specific inspection methods of the literary works may be different,especially in the field of literary works,and the method of judging substantial similarity,which is widely used in practice,also has its own shortcomings when identifying literary works.Secondly,in accordance with the principle of copyright law protecting expression without extending thoughts,whether judges apply the overall perception method or the abstract separation test method,both of which are based on works as the object of analysis,but the works themselves are objective and substantive.Therefore,to determine the substantive similarity of literary works,the first thing to do is to clarify the legal nature of the substantive similarity,and then take the audience of the literary work as the main body to make up for the judge’s difference in the subjective judgment of the abstract value of the work,according to the type and related attributes of the literary work,The level of originality and other factors to select the most suitable method,and the corresponding reasonable judgment standard to comprehensively judge the works involved.The determination of similarity relies on the judge’s subjective feelings to judge the degree of objective similarity of the works.In this way,this standard can easily cause different judgments in the same case.