Understanding Of The Originality Of Works

In order to be copyrighted,an item must be an original work of authorship.Originality requirement has been regarded worldwide as a basic principle in copyright law.But in most countries of the continental and common legal systems,this requirement has been only applied in case law,because its vague meaning is hard to be defined.The difficult of this standard is how to define clearly the word "originality" and how to exercise it in the specified case.The dissertation includes preface,text and epilogue,the text is divided into 5 chapters.Chapter 1 introduces the outline of the originality and discusses the origin of this concept from the aesthetic theory and the legislations.At the same time,this dissertation sets forth the standard of originality in the legal systems of different countries;compares the same and difference with the regulations of the continental and common legal systems.Chapter 2 analyses the evolution of the standard of originality in the base of American case history.Take aesthetics theory as the angle of view, this article introduces the original standard in the different time of aesthetic theory.Chapter 3 introduces the current situation of originality in China.The originality of works is being disputed in practical and academic circles all the time.The critical issue for the courts determining the originality was whether the author had engaged in the independent creation.The scholar attitudes of the originality also rarely have the unification.Chapter 4 analyses the flaw of the originality,such as definition uncertainty,connotation fuzziness and so on.Chapter 5 describes we should the manner to the original theory.The theory of originality is not only a crucial means to limit the scope of author's entitlement in light of the public domain,but also is an important role on enlarging the scope of protection in copyright law.Accordingly,the article concludes that the feasibility of the creativity should be increased;the originality theory should unify with the public domain,which would promote the culture to be prosperous,and maintain the beneficial balance of copyright law.