Artwork copyright infringement cases can be roughly divided into two categories. The first type of infringement cases can be solved more directly through the identification of evidence. , this article mainly discusses the second type of infringement cases, that is, typical copyright infringement cases of artistic works that require comparison of the works of both parties to determine whether the accused infringer has committed plagiarism. This kind of copyright infringement cases of fine arts works can be roughly divided into two categories. The first type of infringement cases can be solved more directly through the identification of evidence. , this article mainly discusses the second type of infringement cases, that is, typical copyright infringement cases of artistic works that require comparison of the works of both parties to determine whether the accused infringer has committed plagiarism. Regarding the steps and methods for identifying copyright infringement of such artistic works, the author believes that we should adopt a usurpationism perspective and absorb any ideas and methods worth learning from. This is why many scholars study the U.S. copyright protection system. However, while studying and learning from foreign copyright protection systems, we must also pay attention to complying with China's national conditions and social values. Based on this principle, the author absorbs and understands various related methods and theories, combines the problems he encountered and the experience he gained in judicial trial practice, and proposes his own method to solve the determination of copyright infringement of artistic works.
The first step is to determine the effective existence of the rights of the copyright owner of the artistic work; the second step is to determine the scope of protection of the copyright owner of the artistic work, including ideas and expressions , originality, whole and part and other issues; the third step is to determine the behavior of the alleged infringer, including access to the rights holder’s works, identification of plagiarism, fair use and other issues; the fourth step is the final determination of infringement and Confirmation of infringement liability, including understanding of the cessation of infringement and the amount of compensation.
