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时间: 2023-03-05 16:28:19 浏览: 108
On the Criterion of Substantial Similarity of Artistic Works in American Law and the Controversy of Its Infringement BoundaryAmerican law has long recognized that copyright protects creators from the unauthorized use of their artistic works. The law requires that there be a substantial similarity between the original work and any potential infringing work before the infringing work can be held liable for copyright infringement. In this paper, I will discuss the criteria used to determine substantial similarity in American law, the controversy surrounding its infringement boundary, and the implications of these issues for creators.To determine substantial similarity in American law, courts consider a variety of factors, including the purpose and character of the work, the similarity of the works, and the amount of copying that has taken place. The purpose and character of the work is generally determined by examining the source material, the original expression of ideas, and the similarities between the two works. The similarity of the works is assessed by considering the amount of copying that has occurred, the similarities in the subject matter, and the degree of similarity. Finally, the amount of copying is weighed by considering whether the work's substantial elements were copied, and how much of the work was copied.The controversy surrounding the substantial similarity of artistic works in American law is largely due to the fact that it is difficult to determine where to draw the line between legal and illegal copying. This is especially problematic for creators as it is often difficult to prove that their work has been copied by another artist. Additionally, the amount of copying that is considered to be infringing can vary from case to case, resulting in inconsistencies in the law.The implications of the substantial similarity of artistic works in American law are far-reaching. On one hand, it allows creators to protect their works by preventing others from using their ideas without permission. On the other hand, it can be used to stifle creativity by preventing new works from being created. Additionally, it can be used to prevent the dissemination of information, which can have a negative impact on the public's right to access knowledge and information.In conclusion, the substantial similarity of artistic works in American law is an important and complex issue. It is important for creators to be aware of the criteria used to determine substantial similarity and the controversy surrounding its infringement boundary. Additionally, they should be mindful of the implications of the substantial similarity of artistic works in American law and take steps to protect their works from potential infringement.
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