What are the standards for identifying plagiarism in film and television works
The standards for determining whether film and television works are plagiarized are as follows:
The first is the "substantial similarity + contact" standard. "Substantial similarity" means taking the original work as a benchmark and comparing the elements of the disputed work to determine whether the two constitute similar expressions. Since most film and television works are derived from written works such as scripts, comparison through scripts is a common method. The selection of factors for judging the substantial similarity of film and television works mainly includes scene arrangement, character setting, prop selection, plot development, key dialogue, etc.
The second is the "originality" standard. Originality is not only a substantive requirement for works to be protected by copyright law, but also a defense method for disputed works to self-certify their legitimacy. According to Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases, "For works created by different authors on the same subject matter, if the expression of the work is completed independently and is creative, the author shall be recognized Each enjoys independent copyright." Therefore, if the disputed work can prove that the controversial part of the work originated from the author's independent creation and meets a certain degree of creativity requirements, then this part can be protected by copyright law. This standard is often cited in the "substantial similarity + contact" standard as the basis for the protection of original works.
The third is the "reasonable provenance" standard. If the disputed work can show a reasonable source, it is an exclusion condition for copyright protection. In the identification of plagiarism in film and television works, reasonable sources can come from different levels. First, if the similar part is just an idea, then according to the idea-expression dichotomy principle, it does not constitute infringement; secondly, if the similar part belongs to a unique or limited expression, due to its high degree of functionality, even if there is similarity in specific expression, it will not constitute infringement. It also does not constitute infringement; finally, if the similar parts come from the public domain or objective facts and belong to human public property, it does not constitute infringement.
How to determine the copyright owner of a commissioned work
Commissioned works refer to works created by the author upon commission from others. The basis for the creation of commissioned works is a commission contract, which can be either oral or written; it can be paid or unpaid. Commissioned works should reflect the will of the client and achieve the client’s purpose of using the work. The ownership of the copyright of the commissioned work shall be agreed upon by the consignor and the trustee through a contract. If there is no explicit agreement in the contract or no contract is concluded, the copyright belongs to the trustee, but the client has the right to use the work within the agreed scope of use;
It should be noted that the following two works are different from commissioned works and have their own specific rules for copyright ownership: First, in addition to Article 1 of the Copyright Law Except for paragraph 3 of Article 11, the copyright of reports, speeches and other works written by others, reviewed and finalized by myself, and published in my own name shall belong to the reporter or speaker, and the copyright owner may pay appropriate remuneration to the author. The second is an autobiographical work that the parties agree to complete based on the experience of a specific person. If the parties have an agreement on the ownership of the copyright, the agreement shall prevail; if there is no agreement, the copyright belongs to the specific person, and the author or organizer has contributed to the completion of the work. , the copyright owner may pay appropriate remuneration to it.
The above knowledge is the editor's answer to relevant legal issues. According to the provisions of relevant laws, there are three standards for determining whether a film and television work is plagiarized, namely "substance" "Sexual similarity + contact" standard, "originality" standard and "reasonable source" standard. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.
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