著作权保护范围的确定及实质性相似的判断——以历史剧本类文字作品为视角

The Determination of the Copyright Protection Range and the Identification of the Substantive Similarity:analyzing from the Perspective of the Historical Play

虽然数字时代的来临使得与网络相关的著作权纠纷日渐增多,但传统著作权纠纷在目前司法实践中仍占较大比例,部分案件的审理难度并未因多年实践经验的积累而有所降低,个案中对相关著作权法律问题的理解也呈现出一定差异。以历史剧本类文字作品为研究视角,对此类作品的著作权保护范围及侵权判断中实质性相似的认定方法进行了探讨,并结合国内外案例,对传统著作权法领域中的基本原则和理论在司法实践中的运用作了较为清晰的梳理,以求为相关案件的审理提供可资借鉴的标准和方法。

Despite the ever-growing copyright disputes related to Interact arising in the arrived digital age, traditional copyright disputes still take a large proportion in present judicial practice in this field. For some cases, the difficulty of trials has not been reduced notwithstanding the accumulation of the experience for years. Meanwhile, the understanding of the copyright-related legal issues in particular case presents differences to some extent as well. This article focuses on the copyright protection range and the identification of the substantive＇ similarity in copyright infringement from the perspective of the historical play, and combines the actual conditions of cases in China with those abroad to clarify the application of the basic principles and theories in traditional copyright law in order to provide suggestive methods and standards for judicial practice. This article also emphasizes the spirit of the balance of interests from beginning to end that judges should follow in copyright cases to make sure that judicial trials neither restrain innovation nor impede the advancement of culture, thus contributing to a much more developed and prosperous socialist culture by means of justice.