Research On Copyright Infringement Of "Draft Washing"

Regarding the legal nature of "washing",it is not appropriate to equate it with advanced plagiarism.According to the dichotomy of thought and expression,"washing" should be divided into "ideological washing" and "expression washing".Behaviour: "Thought-washing" acts use unprotected thoughts,which is a legal act,while "Expression-washing" uses protected expressions to establish copyright infringement.For the "expression-based manuscript washing" behavior,the "expression-based manuscript washing" behavior of "word and sentence replacement" is a traditional plagiarism behavior,which infringes the copyright owner’s right of reproduction and modification;"paragraph logic structure is the same" category "Expressionbased manuscript washing" is a kind of advanced plagiarism,which infringes the copyright owner’s right of reproduction;"deductive use" type of "expression-based manuscript washing" is an illegal adaptation,which violates the copyright owner’s right of adaptation.In addition,if the works of "expression-based manuscript washing" are disseminated on the Internet,the behavior of "expressive manuscript washing" also infringes the copyright owner’s right of information network communication.In the determination of copyright infringement for the act of "washing manuscripts",the focus is on the identification of the substantial similarity between the works of "washing manuscripts" and the prior works of the copyright owner.Structure serves as the critical point for the division of ideas and expressions,and removes the ideas above the critical point.Then,combining the principle of merger and the principle of scene,exclude unprotected expressions,and compare the similarities of protected expressions to judge whether the two works are substantially similar.The standard of substantial similarity of expression can be divided into two types: the first one refers to that the “washed” work and the prior work constitute a close and detailed arrangement of protected expressions,and this arrangement occupies a considerable proportion in the prior work.The second means that the proportion of the similarity expression contained in the “washing” works in the previous works is not large,but it is enough to make the readers feel that the “washing” works originate from the previous works.Finally,the overall observation method is applied to judge the overall feeling of the two works from the perspective of ordinary observers,as an auxiliary reference to correct the unreasonable situation in the expression identification.Regarding the actual legal predicament in the determination of "copy-washing" infringement,it is necessary to improve the relevant legal system,incorporate "copy-washing" into the current legal system,and clarify the concept and legal attributes of "copy-washing" behavior;secondly,it is necessary to clarify thoughts and expressions The critical point of dividing and unifying the criteria for identifying substantially similar expressions;finally,for the behavior of "ideological manuscript washing",although it does not constitute copyright infringement,the dissemination of "ideological manuscript washing" works may sometimes constitute a Unfair competition will also cause certain damages to the copyright owner.In this case,the Anti-Unfair Competition Law can be applied for full protection.