Database Copyright Protection Of A Number Of Legal Research

According to the World Intellectual Property Organization International Bureau statistics, the protection of Database copyright at the international community has generally been recognized, almost all Member States WIPO copyright law has been clear on the literary and artistic works, or the compilation of a collection of copyright protection, even if there is no express provision of Literary and Artistic Works or the compilation of the collection to provide copyright protection from copyright law in the interpretation of other provisions can still be deduced protected conclusions. Although very few countries have copyright law does not specify any object other than a work of compilation or collection of providing copyright protection, but as long as the "Berne Convention" member, there are still obligations to provide for such a compilation of works protected by copyright. Therefore, even though the provisions of all countries in the world or regional databases protected by copyright law the conditions may be different, but the original database should be protected by copyright law that are the same. This paper is divided into five parts to explain the copyright protection for databases in practice problems, database copyright owner to confirm identity problem, the database that the problem of copyright infringement and copyright infringement exception database conducted in-depth research question.Chapter one is about the legal characteristics of the database.There are two parts in the chapter ,the first part is the legal concept of the database,which explains the current domestic and international law on the relevant provisions regarding database. The second part is about the database of the legal, pointing out the main legal features of the database.Chapter two is about the original standard-setting of the database.This chapter examined primarily in the United Kingdom,the United States, Europe and our country to understand the standard of originality on the basis of the detail applied to the database to determine the originality standard questions. Whether or not a database that has copyright law on the meaning of the original, mainly look at the contents of the database selection, or on whether the original layout. Through the practice of problem-depth analysis, we found that the original database at the application of standards will be the inevitable difficulties encountered are as follows: First, the original database can not be precisely defined standards; are two copyright law protects only the original form of expression without the protection of the content of the database; are three of the original copyright protection requirements and the practicality of the database difficult to coordinate requirements.Chapter three is the database found copyright infringement. This chapter includes three parts. The first part is the copyright database to confirm identity of the person, in the original section, we note the originality of a work request from an author. Identity with the original authors are closely linked, and be considered interrelated, one implied the other. Author separately from the index of the manufacturing process, computer-generated works of authorship in terms that demonstrate the intent to obtain commercial value of the vast majority of databases will be consistent with the requirements of authorship. The second part of the database on the premise of copyright infringement that are confirmed to be violations of the specific sub-databases. Part III discusses the database of copyright infringement that the key is how to confirm the substance of the works, the problem with the original standard problem is closely related to the article pointed out that the real part of the work that the use of qualitative rather than quantitative criteria for standards, that is, at used to determine whether a substantial part of the process, focusing on more is the quality rather than quantity.Chapter four is the database of copyright infringement of people's rights. All rights reserved copyright granted to a wide range of people enjoy the exclusive right to their works. But for infringement of any consideration, it is definitely necessary to determine infringement of the copyright owner the right to exact. These rights with the specific characteristics of the different jurisdictions and different, as the original problem in different jurisdictions are subject to different treatment of the same. Despite these differences, international copyright treaties, or the detailed requirements that must be granted some rights of copyright owners. They are: the right of reproduction, communication to the public the right to distribution rights and authority to make changes.Chapter five is an exception to copyright infringement of the database. This chapter includes three parts,the first part of the EU are "orders" database of copyright infringement regarding the relevant provisions of the exception; the second part is the United States on the rational use of the contents of the defense; the third part is our country should be taken on the attitude.Finally this article at the above detailed analysis of the four questions on the basis that the current database of copyright law protected mode can not adapt to digital technology has become increasingly well-developed case law on database protection requirements, should not the legal system from the perspective of protection for databases healthy development to provide reliable protection required at the most common system in terms of copyright protection above and beyond the database to give some degree of further protection.