On The Determination Of Infringement Of Script Kiling

According to the relevant provisions of China’s Copyright Law and the mainstream views of academia,in order to become a work protected by the Copyright Law,the following three requirements should be met:first,it should be a specific expression in the "literary,artistic and scientific fields";Second,it has originality;Third,it can be expressed in tangible form.As an intellectual achievement that mainly uses text as a carrier and can be easily copied,the original script killing script obviously meets the definition of work in China’s copyright law.The first two chapters mainly introduce some conceptual characteristics of script killing,classify the main types of script killing in the sense of copyright law,and introduce the new form of development of the script killing industry.As an emerging industry to enter the public’s field of vision,script killing must have characteristics different from traditional industries.This paper first clarifies the definition,classification and characteristics of script killing,focuses on exploring the differences between script killing works and traditional texts,drama scripts and other works,which lays a good foundation for further analysis of the nature and expression form of works and the identification of infringement of specific rights.The third chapter mainly analyzes the expression form of script killing,combined with the basic theory of copyright law,and analyzes the question of what kind of work should be in the sense of China’s copyright law.On the basis of analyzing how to classify works in the sense of copyright in China,this chapter defines the nature of the work of script killing in combination with the special problems faced by script killing works,and focuses on the content in this chapter on the difference between written works and dramatic works in the sense of copyright,and finally concludes that script killing is more suitable for the protection of dramatic works.Chapter 4 introduces some copyright dispute cases that have appeared in practice,clarifying what is the expression form of script killing,most of the expression forms of script killing are similar to drama script works,so this part of the content can be identified by referring to the expression form of traditional drama works,so this chapter focuses on the unique expression form of script killing and analyzes the originality of its special expression form.Chapter 5 focuses on how to determine that script kills are substantially similar.The scope of protection under the Copyright Law is defined by the dichotomy of thought expression and the originality system,and this article also determines the scope of expression forms of works protected by script killing based on these two principles.Chapter 6 analyzes performance behavior in the sense of the Copyright Law,combines actual cases and theories as well as the provisions of domestic laws and international conventions,determines whether players perform in the sense of the Copyright Law when they play script killing games,and analyzes the qualitative problem of merchants using pirated script killing.