请以On the Criterion of Substantial Similarity of Artistic Works in American Law and the Controversy of Its Infringement Boundary Abstract The substantial similarity determination in copyright infringement has always been a controversial issue in the theoretical and practical circles. Not long ago, the United States Court of Appeals for the Third Circuit upheld the judgment of the local court in the Tansley v. Daniel case. The judgment made by the substantive similarity standard has a certain guiding significance for such infringement cases. The author discusses the application and dispute of this principle in similar cases in the future on the issue of the substantive similarity standard and the legal boundary of the infringement judgment derived from it, and explores a certain way to deal with issues in practice. Key words criterion of substantial similarity, copyright infringement, artistic works 1. Introduction 1.1 Historical Background and Development 1.2 Substantially Similar Legal Definitions 2. Theoretical Discussion on the Criterion of Substantial Similarity 2.1 Definition of Copyright Infringement 2.2 Theoretical Path and Dispute 2.3 Dispute Settlement and Status Quo 3. Practical Application of Infringement 3.1 Substantially Similar Practical Application Standards 3.2 Positive & Negative Aspects 3.3 Substantially Similar Successful Application Cases 4. Conclusion为提纲写一篇英语论文
时间: 2023-03-05 10:28:17 浏览: 92
從歷史背景和發展來看,「實質上相似」的法律定義一直是著作權侵權問題上的爭議性議題。Tansley v. Daniel案件的判決,以實質上相似的標準為基礎,為這類侵權案件產生了一定的指導意義。本文就實質上相似的標準及其導出的侵權判斷法律界限的應用和爭議,探討將來在實際中處理問題的某種方法。
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请以On the Criterion of Substantial Similarity of Artistic Works in American Law and the Controversy of Its Infringement Boundary为题用英语写一篇论文
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.
i mean what is the implementation of SGD in pytorch to use momentum to update weight
In PyTorch, you can use the `torch.optim.SGD` optimizer with the `momentum` parameter to update the weights of your neural network using stochastic gradient descent with momentum. Here's an example:
```python
import torch
import torch.nn as nn
import torch.optim as optim
# Define your neural network
class Net(nn.Module):
def __init__(self):
super(Net, self).__init__()
self.fc1 = nn.Linear(10, 5)
self.fc2 = nn.Linear(5, 1)
def forward(self, x):
x = torch.relu(self.fc1(x))
x = self.fc2(x)
return x
net = Net()
# Define your loss function and optimizer
criterion = nn.MSELoss()
optimizer = optim.SGD(net.parameters(), lr=0.01, momentum=0.9)
# Train your model
for epoch in range(num_epochs):
running_loss = 0.0
for i, data in enumerate(trainloader, 0):
# Get the inputs and labels
inputs, labels = data
# Zero the parameter gradients
optimizer.zero_grad()
# Forward + backward + optimize
outputs = net(inputs)
loss = criterion(outputs, labels)
loss.backward()
optimizer.step()
# Print statistics
running_loss += loss.item()
if i % 100 == 99: # print every 100 mini-batches
print('[%d, %5d] loss: %.3f' %
(epoch + 1, i + 1, running_loss / 100))
running_loss = 0.0
```
In this example, we create a neural network with two linear layers and use the mean squared error loss function. We define the optimizer with the `momentum` parameter set to 0.9, which means that the optimizer will use a momentum term with a weight of 0.9 to update the weights. Finally, we train the model using the optimizer with the `step()` method.