is embodied in various literary carriers such as novels, poems, and proses, similarly, if only novels are used to tell stories, then such stories can also be embodied in thousands of forms. It can be seen that thought itself is not subject to copyright. It is protected by the law, that is to say, everyone can write a story about'substitute for crime'. Perhaps after hearing this, many netizens' understanding of ideas and expressions is not particularly clear!
Actually, there has not been a unified theory on how to separate'thought' and'expression' for many years, so I will use a foreign case to illustrate specifically, Judge Hand of the US Court of Appeals for the Second Circuit, in'Nicks v. Universal For the first time in the film company case, the concept of “digestive hierarchy” was proposed to distinguish between thought and expression. In this case, the plaintiff’s work "Abby's Irish Rose" is a stage play, while the defendant’s work "Cohen and Kelly's "The Story" is a silent film. Both films are based on the story between the Jewish family and the Irish Catholic family. Both are comedy works. Both works have similar plots or segments. Hand When the judge analyzed whether the defendant’s work infringed the copyright of the plaintiff’s work, he proposed the concept of the “abstract hierarchy method”, that is, first extract two works that are not protected by copyright, and then select the remaining copyrighted ones. The expression part is similarly compared. I extracted some of the keywords in the basic case that I just said
, such as'story background, comedy works, similar plots' or'bridges' are actually'thoughts'. Note, about Similar plots and bridges, I think it should be divided into incidents as a unit. For example, the incident of "killing" also belongs to the work of the plaintiff of "thought". The two fathers strongly opposed their children's love. Blame their differences in religious beliefs, and the reason for the ultimate compromise was their love for the third-generation newborn babies. In the defendant’s works, the two families were originally neighbors, and their religious beliefs did not constitute a barrier between the two families
