The Research Of Originality

Works is the object of copyright, originality is the essence of the elements by which can look for the copyright protection, this viewpoint has been confirmed in the copyright legal principle, legislation and judicial practice in all the countries in the world. Accurately define originality connotation, stipulate the standard of originality, this judge work is important of the infringement. The community works in uninterrupted growth, the new type appears unceasingly, originality is also that one concept further developing, when judge the unlike types works, the standard of originality is different. Because of fuzziness and uncertainty, it is especially necessary to stipulate the criterion of originality in the law. The article has three parts through which introduce originality.In the first part this article analyzes the connotation of originality and the standard. Through the copyright law in all of the country in the world, we can conclude that UK, France, Germany and other countries have an early start in the copyright law. In the law originality problems have been stipulated, and the system has become. In judicial practice they have judge infringement by originality and there are many classic cases which can for reference. According to significance in the work of originality, it is important to accurate the boundary, this paper talks about six aspects which should be pay attention to when we firmly determine originality.Part two introduces the concrete regulations about originality in common law and civil law. As the legislative value is different, the objective which has been run after to in the copyright legislation is neither same in the two schools. Under the effect of mercantilism, common law regulation pays close attention to the pursuit of wealth; however civil law countries take personality look as philosophy basis, the laws more concern about the protection of the spirit right of author. The different value brings about distinct standard of originality, the stipulation in civil law is strict while common law' regulation needs low conditions. After analyze the stipulation of origination in the representative country of the two schools, we compare the differences between them, as the economic acceleration of the process of globalization, every country increasingly exchanges between each other, the traditional sense of two schools originality provisions have been slowly, gradually moving toward integration. In addition, the paper also analyzes protection of the special type of originality.Part three has made the detailed introduction to originality in our country. In the first, the paper introduces the legislative present situation, and then based on the value orientation of China's legislation talking about the original standards. In the present, China has no laws on the original connotation and standards. Then with the judicial practices analyze how to deal with the special type of works' originality. Although originality involves to legislation, its manifest value reflect in practice, therefore, it is important of recognizing originality accurately in the judicial. The paper divides into four parts in order to talk about originality question which should pay attention to in the judicial practice. This part combines to six sections which have been introduced in former makes every effort to make accurate recognizing to the originality. Because of the lack of legislation, originality has uncertainty in the judicial practice. The way of change the situation is to perfect China's copyright legislation and stipulate this question in the law. Finally, this paper gives suggestions to the legislation about originality.