Works Of Originality And Its Identified Research

As core element and required attributes of a work, originality has played an important role in copyright law. Works with originality is a premise of being protected by copyright law. However, for the concept of originality, China's copyright legislation does not clearly defined. Throughout the world copyright law, originality of expression is different, the recognized standard is also very different. For this reason, it is necessary to carry out original research work, to clarify the specific meaning and definitions, so as to lay a solid foundation of copyright protection.Original concept of the word in the law is different from the grammar of words. From the meaning of its origin and practical sense, originality of works shall include two kinds of meanings: independence and creativity. It mainly concentrates on the performance form of original work, but has nothing to do with the ideological content; nor does the academic quality of work; it does not rule out a reasonable reference for the works of others. For the original identification, there are two basic principles: grasp independently and with some creativity.From a global perspective, copyright law is divided into two major categories: the copyright system, and author's rights system. The former refers to Britain and the United States and the like, represented by the case law, attention to the author's economic rights, the requirements for originality stressed independently; the latter refers to France, Germany and other civil law countries represented, not only concerned about the author's economic rights, but also on the author's moral rights, to protect the interests of the author's personality, and the corresponding requirements of the work is not only independently but also a certain personality, which means more stringent requirements on creativity. Two systems are not antagonistic in recent years, it's gradually emerging a trend of convergence.In-depth study of real understanding and identification of the original principles, we must seek answers from the judicial practice. Through empirical analysis, we'll find the original criteria and methods in China. By comparing the determination of domestic and international principles and standards, we can find the applicable standards for China's national conditions.Of the original legislation, we shall learn from the two law systems, based on reasonable factors, reflecting our legislative purpose and values. This dissertation tends to find a clear definition of the concept of originality and a clear prescription of the public domain. In judicial practice of the identification of original works, we can learn from good foreign method such as the "trichotomy", give reasonable limits to the appropriate use in order to promote creative and cultural prosperity, take the appropriate criteria in different types of work to reflect the fair of the law.