On The Determination Of Infringement Of "Draft Washing"

"Draft washing" refers to the act of integrating the content or viewpoints of others’ intellectual achievements into one’s own intellectual achievements through a series of means such as synonymous substitution,word order adjustment,paragraph swapping,and content deletion.The infringement of copyright mainly manifests in the plagiarism of original works with original expression.This behavior not only infringes on the legitimate rights and interests of the original author,but also greatly extinguishes the creative enthusiasm of the original author,and will cause a serious impact on the existing copyright system in China.However,due to the significant difficulties in distinguishing between ideas and expressions,as well as the lag in the legislation of copyright law,it is difficult for original authors to protect their legitimate rights and interests.The "Dichotomy of Thought and Expression" in copyright law has instead become a protective umbrella for the "draft washing" behavior.In judicial practice,when determining the infringement of such behavior,there are also unclear ideas and expressions in Jiaxian,and different methods for determining the infringement of "draft washing" Difficulties such as unclear criteria for determining the infringement of "draft washing".Therefore,in order to safeguard the legitimate rights and interests of original authors and foster a culture of encouraging cultural innovation throughout society,it is necessary to clarify the illegality and legal liability of "draft washing" behavior at the legislative level,especially the methods for determining whether "draft washing" behavior is infringing.In this process,methods such as "overall observation method","abstract filtering method","dichotomy of thought expression",and the principle of originality can be combined and applied,and combined with the principle of "contact+substantive similarity",to determine whether the "draft washing" behavior is infringing.Through theoretical analysis and practical summary of the infringement judgment of "draft washing",as well as analysis of relevant foreign legislation,it is concluded that China should improve the copyright legal system to recognize "draft washing" infringement,clarify the legal nature and originality standards of "draft washing" behavior,optimize judicial judgment rules,appropriately shift the boundaries of ideological and expression protection,and comprehensively establish the principles of judicial judgment application,Value the opinions of third-party institutions and experts.