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영어

All the copyright works can be separated the parts of which all people can make use from the parts which the author’s copyright is protected, this is what they call the theory of idea/expression dichotomy. This theory has become the standard to judge the protectible scope of the copyright works all around the world. With regard to application of idea/expression dichotomy, the determination of similar materials need to precede that of a protectable subject matter. One of the most important work in the judgment of copyright infringement is how similar the original works. There is not any rules for the standard to define substantial similarity, but it depends on only precedents and principles. The meaning of substantial similarity is uncertain and abstract in the law, substantial similarity test in the copyright law is one of the requirements in judging copyright infringement.