Double Copyrights Of Compilation Work And Certification Of Plagiarism: Commenting On Beijing Municipal Higher People's Court(2007) GaoZhiZhongZi No.25 Judgment

Compilation of works is the work that contain a number of works, fragments of works, data and other materials that does not constitute a work,which all through an individual choice and creative arrangement by the author in the process of the formation of work.Compilation work with a double copyrights,which is the difference between the compilation work and the independent work,but it does not mean that all compilation works have double copyrights. The concept originality of work is a highly subjective concept. Different types of work can make different interpretations; Determine whether the work constitutes plagiarism involved is needed much time and larger mental think, if you want to make a judgment accurately, according to the scientific identified modle that summarized by previous is necessary. In the information age,the law of copyright has a new trends.Give the database the sweat of the brow protection is not complitely unnecessary. This paper according to the theory of compilation work,the originality of work and the general principies of identifying copying,attempt to analyse the Beijing Higher People's Court(1997) GaoZhiZhongZi judgment No.25,hope to draw some new understanding through the process of repeat this classic case.This article is divided into six parts:The first part is introduction, to make a simple description of Some background on the case and relevant information, pointing out that assessment of this article is mainly based on the Beijing First Intermediate People's Court (1993)ZhongZhiChuZi judgment No.2911, as well as the Beijing Higher People's Court (1997)GaoZhiZhongZi judgment No.25. Partâ…¡outlines the basic information of the case, and sums up the four disputed points of the case as follow:Whether the plaintiffs have the copyright of Sense; The defendant's behavior is rational use of or had already constituted infringing copy; The Defect of Judicial Identify about this case and the omissions of reasoning in the court of second instance's Judgement. The concept of work is the origin thinking to the research and deal with copyright issues and disputes;so the partâ…¢and the partâ…£focuses on the concept of work,the originality of work,and the relate theory about identifying of Plagiarism, In order to clarify a number of difficult problems in theory,and to make theoretical preparation for comment below. Part V in the light of the logic of the preceding, Place emphasis on the controversial case to make detailed assessments and obtain conclusions as follow:Identity the proposition that with original meaning of elements that match the work proposed by first and second instance courts; the first Instance Court had deviation understanding of the legal concepts, leading to the identification of case reports appeared flawed; Full Court made up from judges and expert juries to trial the case may achieve better results; The sentenced made by Court of second instance that senses and example sentences that does not have the originality of the Plaintiffs'work should be protected by "the sweat of the brow" in a certain degree may be not only a useful attempt,but also with foresight..The last part make a summary of this article.