| 中文摘要 |
This article explains why a popular music songwriter could easily infringe some old pop songs. The infringement theory is based on “subconscious copying.” This thought may be right in the past, but in the era of Internet, the facts of subconscious copying may be deemed to be true in many situations. To illustrate the problem, two court cases are reviewed. These cases situate the songwriter in a very risky environment. Specially, the use of Internet may make the environment worse. Therefore, this article provides a solution, which points out the need of changing the determination of the “access” element in copyright infringement cases. |
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