A Study On The Copyright Of Compiling Works - Also On The Cases Of Copyright Disputes In Spring Festival Evening

The condition of compiling works subject to copyright protection is “original selection or arrangement”. It is stipulated in all main international agreements, national legislation related to copyright protection of compiling works, but none of them make a clear explanation to the meaning of “original selection or arrangement”. Along with the development of information network technology, more and more information and data collection are appearing in our life. So whether the intellectual work of these people who make such collection will subject to the protection of copyrights, and whether we can treat these collections as compiling works? This has been a theoretical and judicial dispute for many years. Therefore, it is necessary to study the constituents of the compiling works, for the purpose of determining the meaning of “original selection or arrangement” –judging criteria for expression form and originality of compiling works.In order to solve this problem, the article hope to clear the judging criteria for the compiling works starting from expression form and originality. The article thought the expression of compiling works is an integrating body of compiling works resulting from original selection and arrangement. Meanwhile the originality of compiling works is reflected in the expression of the compiling works, that is, integration body of the compiling collection, as the author of the compiling works only contributes to the material selection and arrangement results. On the aspects of copyright protection of compiling works, since only expression is protected in the copyright, and is not extended to the thinking and operation method, so the unique compiling through some methods or related to some utility function will not be protected as compiling works. In addition, the article analyzes the principle that in protecting the copyrights of the integrating body of the compiling works, we should not violate the copyright of the original works based on the compiling works.At last, besides theoretic study, the article evaluates series law cases related to the copyright infringement of the spring festival party. From prospective of originality, expression and creditor protection, it demonstrates that the spring festival party being defined as compiling works is in line to legal rules, and can best meet interest demands of each party.