Research On The Jurisprudential Basis Of Copyright Protection In Compilation Works

Compilation works in copyright law is as an independent type of work to beprotected. Works or various forms of data materials which does not constitute worksare likely to be a compilation works, as long as the choice and arrangement of theseelements reflects the originality. However, the standards of "originality" are differentin different countries."Originality" standard itself has also experienced a change fromthe principle of forehead sweat to the minimum level of Intellectual creativity. Ascompilation works is closely linked to some emerging subjects of copyright protectionsuch as database, web etc.,to comprehensive understanding and analysis the basis ofwhy the compilation works can be protected by copyright has its theoretical value andpractical significance. This paper mainly around the "originality" standard change ofthe compilation work, as well as to discuss the relationship with the protection ofdatabases. In addition to the introduction and the conclusion is mainly divided intofour chapters:Chapter I: The effect of abandoning the principle of forehead sweat to thecopyright protection of compilation works. By analyzing the case of FeistPublications,Inc.v.Rural Tel.Service.Co. to see the drawbacks of the principle offorehead sweat. Reveal why almost all countries in the world had abandoned theprinciple of forehead sweat.Chapter II: Copyright protection of compilation works under the principle of originality. Analysis the specific of the originality of the compilation works. Throughanalysising cases to discuss the scope of protection of copyright in compilation worksespecially in factual compilation works.Chapter III: Legal protection of non-original databases. After abandoning theprinciple of forehead sweat non-original databases can not receive any protection. Sowe can see the limitation of only providing copyright protection for the database, andmust find another way to solve the problem. This chapter focuses on the protection ofthese non-original databases (database right ideas in the European Union, the UnitedStates Anti-Unfair Competition ideas Germany will include it in the neighboringrights protection), and how about China.Chapter IV: Consideration of the balance of interests in the copyright protectionof compilation works. If provide copyright protection for Compilation works,particularly for factual compilation works will result in the monopoly of the fact thatwill violate the public interest? That is why the copyright protection about thecompilation works can not avoid the balance of interests into account.