Research On The Identification Of Plagiarism In Dance Work

In recent years,copyright disputes caused by dance works have gradually increased.It has become a difficult point in judicial practice to determine whether the results involved in the case plagiarize other people’s dance works.According to the constitutive requirements of copyright infringement,the theoretical idea to solve this problem is: whether the disputed result is a dance work → if it is a dance work,its protection scope → how to determine whether the sued work plagiarizes the disputed dance work.According to the copyright law,the criteria for determining whether the achievements constitute works are: the works are the intellectual achievements of people,the works are the expression of ideas,the works are the expression in the field of literature,art and science,and the works are original.When it comes to dance works,even if artificial intelligence is used to create dances instead of human labor,the copyright of artificial intelligence creations still belongs to people,and artificial intelligence is only the executor of people’s ideological expression;Dance works must have originality,which runs through the whole process of dance creation.Only the original expression can be protected by the copyright law;Because dance works depend on human body movements and are perishable,for the sake of convenient protection in the future,fixed conditions should be added to the definition of dance works.How to define the protection scope of dance works should first be based on the theoretical tool-thought / expression dichotomy.Dichotomy has its rationality in the judgment of infringement of works,and it is also the main basis for the current court judgment;The scope of protection of dance works has not been clearly defined.Single dance movements and other factors other than movements should not be included in the scope of protection of dance works,which can be used as a supplementary basis for judgment when necessary.The protection of dance works is mainly "continuous dance movements".When judging infringement,it should not exceed the scope of its work and cross the right boundary of other works in the copyright law.How to judge the plagiarism of dance works is inseparable from the judgment of substantive similarity.Since dance itself is a special subject,which can not be mastered by ordinary people,it is more appropriate to adopt the "abstract separation method" in the judgment of substantive similarity,and it meets the requirement that the expression of ideas is protected;There are similarities between dance works and music works.It is feasible to suggest its own "8-bar principle" in the field of dance works;The cognizance of plagiarism should also exclude the reasonable use,but the reasonable use should be limited to the really necessary circumstances.