The “Substantial Similarity” Judgment in Copyright From the Perspective of Jin Yong V. Jiangnan Case

DOI

10.2991/emle-18.2018.147How to use a DOI?

Keywords

substantial similarity; originality; expression

Abstract

This paper introduces Jin Yong v. Jiangnan case, reviews the historical origin of “substantial similarity”, defines its legal connotation, and discusses the legal conditions that constitute “substantial similarity” in two situations with similar works. Finally, the judging elements of “substantial similarity” are summarized: “substantial similarity” is the similarity of original expression in the original works. In the case of fragmented literal similarity and comprehensive non-literal similarity, if the plot and statement are clearly expressed similarity or the plot constitutes the overall similarity of the works, “substantial similarity” is constituded; if the subject matter and the thought are similar, but there are significant differences in the specific plot arrangement and detail expression, “substantial similarity” is not constituted.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Qian Yiting
PY  - 2018/12
DA  - 2018/12
TI  - The “Substantial Similarity” Judgment in Copyright From the Perspective of Jin Yong V. Jiangnan Case
BT  - Proceedings of the 4th International Conference on Economics, Management, Law and Education (EMLE 2018)
PB  - Atlantis Press
SP  - 769
EP  - 772
SN  - 2352-5428
UR  - https://doi.org/10.2991/emle-18.2018.147
DO  - 10.2991/emle-18.2018.147
ID  - Yiting2018/12
ER  -