Research On The Determination Of "Substantial Similarity" In Dance Works

In recent years,the dance art has developed rapidly,and many different types of dance works have appeared.The types of dance works have increased and the ways of expression have become more diverse,making it more difficult to protect them.Because of dancing art itself is a comprehensive and decay characteristics,combined with the definition of the relevant laws and regulations provisions of dance works is not clear and accurate,and cases of infringing on lawful rights and interests of dance works,the copyright owner,therefore,this article through to the study of dance works is similar to "substantial",to protect the dance work ensured the legitimate rights and interests of the copyright owner."Substantial similarity" is the key to determine whether the defendant’s work infringes the plaintiff’s copyright.Only when the two works of the original and the defendant constitute "substantial similarity" can the defendant be identified as a copyright infringement.In China,although the "substantial similarity" has not been clearly stipulated in the copyright law,it is generally applied by the court in the cases of copyright infringement of dance works.As there is no uniform standard for the determination rules of "substantial similarity",the determination of "substantial similarity" is open,and the judge is free in the judicial practice.In addition,various types and complex compositions of dance works will increase the difficulty of judging,which leads to the problem that "substantial similarity" of dance works has non-standard standards of identification and unfair conclusions.Aiming at the identification of "substantial similarity" in the copyright disputes of dance works,this paper makes an analysis and discussion.Firstly,the concept of dance works is defined,the connotation of dance works is clarified,and the composition elements of dance works are analyzed.Secondly,summarized the works in the copyright infringement determination of dance works is similar to "substantial" method,and made clear the current our country determine dance works by "abstract separation" "substantial similarity" and "overall impressions method" two methods,then,from the perspective of the classic case of infringement of dance works,analysis of "abstract separation" and "overall impressions method" in the specific case of application,clear the dance work is similar to "substantial" recognition of the status quo,on the analysis of present situation on the basis of that,in our country isdiscussed in the dance works identified the problems existing in the "substantial similarity",such as exist in the process of that the law is not clear,On the basis of the subjective choice of the judge,the author puts forward some Suggestions on the identification rules of "substantial similarity" of dance works,so as to make the application of "substantial similarity" in judicial practice more reasonable and scientific.