The Proof Of The Type Of Original Expression In Narrative Literary Works

Under the background of the current era,copyright protection has been strengthened unprecedentedly.However,plagiarism still occurs frequently in literary creation.We find that in the new situation,plagiarists often adopt a more covert way to plagiarize,and take the core original content of the previous works as their own by learning from others'strong points and changing their faces.Obviously,there are legal loopholes in the copyright legal system.Therefore,in the copyright infringement litigation disputes,there is also a lack of specific and clear legal basis in judicial practice.In the process of identifying similar infringement,"what is the original expression" often appeals to the judge' s personal value judgment,so the judgment process of judicial practice is also slightly disordered,and the result of"different judgments in the same case" appears.Specifically,in the first chapter,we introduce the concept of"advanced plagiarism" and explain some concepts and theories in this chapter.In the second chapter,through the brief analysis of the regulation status of,originality" and "originality expression",it shows that these two aspects are missing in the current copyright legal system.The third,fourth and fifth chapters are the focus and core of this paper.In the third chapter,through the analysis of the reasons for the market failure of literary works,we find that the root cause of externality is the emergence of a large number of alternative works.If we want to correct the failure caused by this externality,we need to regulate the plagiarists.Because the copyright legal system has not been clear about the original expression of the work,plagiarists take advantage of this loophole to borrow the core original content of the previous works.When we categorize the"original expression"in certain types of works(narrative literary works),it can become a kind of "pre efficiency standard" and give full play to the guidance and incentive role of law.In the fourth chapter,we find that there is confusion and disorder in the identification of similar infringement and "original expression" in judicial practice by combing the judgment patterns of different courts in similar copyright infringement cases.There are obvious differences between different judges on the demarcation of thought expression and the distinction between original expression and non-original expression,and they still resort to the judge's personal subjective value judgment in the identification of works "original expression".The fundamental reason is still the lack of "original expression" regulation.Therefore,it is necessary to classify the"original expression" of narrative literary works into a unified judicial standard.The third chapter and the fourth chapter together constitute the argumentation basis of "the legitimacy of the type of original expression of narrative literary works".On this basis,we design the specific system in the fifth chapter.By combining the existing theory of "original expression" with the creative characteristics and constituent elements of narrative literary works,this paper summarizes the typological standard of"original expression".We suggest that this standard should be incorporated into the judicial interpretation to make it have the effect of universal application.In this way,through the clear establishment of this type of standard,we can give full play to the guiding role of the law,effectively regulate the emergence of"high-level plagiarism",and improve the confusion and disorder in judicial practice and the judgment result of "different judgments in the same case",which is conducive to the unity of justice.