Research On The Identification Of Substantial Similarity In Literary Work Adaptatio

Due to the increase in plagiarism cases of literary works,it is difficult to determine whether the complained work constitutes "substantial similarity" to the content of the prior work in court trial procedures,but there is a lack of "substantial similarity" provisions in China’s copyright legislation.Therefore,this paper takes the infringement dispute over the right of adaptation of literary works as an example to study the problem of "substantial similarity" in adaptation,extract the general rules in the determination of "substantial similarity",and summarize the patterned operation process.In the process of determining the act of adapting a literary work,when paying attention to the core elements,it should also consider whether the non-core elements constitute an inherent logical relationship.The boundary between thought and expression is ambiguous,how to define thought and expression,for such issues,in the process of identification,we can balance public interests and personal interests,type ideas and expressions,take the "originality" of the identification standard of ideas and expressions as the clue and basis,and clarify the boundaries of ideas and expressions through different types and degrees of specificity of expression in works.Although only using the holistic perception method to determine the substantive similarity of literary works can save judicial resources and improve the efficiency of court proceedings,it is also very easy to cause public domain elements that are not protected by law to be widely absorbed into the scope of protection,thereby making an imbalance between individual interests and public interests,and restricting the development and prosperity of culture.In the process of determining the substantive similarity of literary works,only using the abstract detection method may lead to the exclusion of expressions that should be protected by law from the scope of protection due to excessive meticulous disassembly and separation of the expressions and ideas therein,ignoring the originality of the integrity,relevance and logic of literary works in the subject of content and plot arrangement,thereby harming the legitimate rights of the original right holder.Therefore,the advantages of the overall perception method and the abstract detection method can be combined to analyze the specific conditions of different cases from "whole + part",as a way to identify the "substantive similarity" in the copyright dispute of literary works,and at the same time select reasonable methods to analyze the specific conditions of different cases.