Research On Concept, Essence, Originality Of The Works

The works is a source of the right, and the object of the copyright. The writer is the ownership of the right, and the subject of the copyright. There is the works that grows the copyright. There are copyrights, the law has a necessity protected. So the works and the writers are two major elements of the copyright law system. As the object of the copyright, what the concept, the essence and the originality of the works are, and what the theoretical bases to judge whether the work encroached right are, these are the problems that the copyright law must be solved at first.There are tight logic relations among the concept, the essence and the originality of the works in this article. An academic concept of the works is put forward at first. Works are copyrightable works that the country approves of in the form of law in the country (Including positive conditions and negative conditions). This concept includes the essence of the works and the important document of the composition. The"Idea-Expression Dichotomy"forms the major element of the concept of the works. And the essence of the works is obtained through studying on the dynamic"Idea-Expression Dichotomy"—the course that the works forms. The essence of the works is the integration of the thought and the form carrier. That's the annotation explanatory of the"Idea-Expression Dichotomy". Originality is the primary element of the important document of the works'composition. The concept of the works reflects the requisition for originality, namely originality is one of the positive conditions that the country approves of in the form of law. Originality answers that to what degree the"idea"and"expression"can be protected by the copyright law further. The studying on the originality deepens the understanding of the essence of the works in practice, and then brings the combination of the"Idea-Expression Dichotomy"and the originality theory, which is the basic theory and method of justice basis in different countries.This article arranges of the chapter under the logic relations among the concept, the essence and the originality of the works. Firstly, it defines the concept of the works and its critical concept in copyright theory, and works out the essence of the work through studying on the forming process of the works. Then it compares the implication of the originality theory in the representative country, and attempts to reveal different value orientations under different legal systems. After finished above-mentioned basic theoretical research, it turns to practice field. Under the combination of the"Idea-Expression Dichotomy"and the originality theory, which is the basic theory and method of justice basis in different countries, it proposes the works type formula and the justice train of thought so as to carry on the real example analysis, and put forward to the suggestion about the works of copyright law in our country finally.This article has no innovation in theory. But it carries on studying on the logic relations among the concept, the essence and the originality of the works, which reflects the peculiar research visual angle. According to the available theory, the author put forward the concept and the essence of the works, the combination of the"Idea-Expression Dichotomy", etc., which are the original research findings. What deserves to be mentioned are that the works type formula and the justice train of thought which the author put forward can be said to be an innovation on method.