Refinement Path of the Contact Standard for Determining Similarity in Music Works under the Context of Copyright Infringement
In copyright infringement cases involving music works,"substantial similarity"is often regarded as the sole standard for determining infringement,neglecting the independence of the"access"as an essential condition to protect independent creative freedom.The refinement of the"access"standard for determining similarity in music works should begin with the historical development of the"access"principle,analyzing the challenges it faces in the digital music era.This article proposes the flexibility and specificity of the"access"criteria and its application principles,which are better suited to the complexity and diversity of the music industry.Exploring the application principles of"prior publication","widespread dissemination",and"peer awareness"as"access"criteria,and it further suggests refinement paths including special criteria judgments,standard refinement within the scope of the"imitation rule",and the application of new theories.Through systematic research,this article aims to provide a more comprehensive and accurate standard for the application of the"access"criterion in judicial practice,thereby promoting fairness and rationality in copyright infringement determinations.
music workssubstantial similarityaccess standardcopyright infringement
万方数据
维普
