Abstract:

[Abstract]　In digital ages, copyright infringement cases occur frequently, so how to judge the substantial
similarity becomes the focus of litigation. The extrinsic and intrinsic test is one of the tests that have been
widely used in the US courts in recent years, and in the civil case Copeland v. Bieber, the US district court and
the Fourth Circuit Court adopted this test for trial. In order to explore the correct application of the extrinsic and
intrinsic test, and give a brief suggestion to Chinese courts, this article interprets the judicial judgments of US
courts on popular music plagiarism cases, analyzes the reasons for the different judgments of the two trials,
and compares the specific judgment standards of the courts.