Legal Potection Of Ceative

Along with the rapid development of global creative economy, developing thecreative industry has become China’s one of the important goals of economic development.Originality,which as the prime mover of creative industry also will become more andmore important. However, in real life, a lot of originality can’t get protection from the lawand the legal rights of creators could not be guaranteed, which seriously influenced thepassion of the creator’s and hindered the development of the creative economy. Fororiginality,today’s most important problem is its protection.Our country has nocorresponding laws and regulations on creative protection, so the problem can’tfundamentally solved. This article does the analysis and research from the connotation andprotection mechanism of creative, seeks the reasonable creative protection mode and putsforward the creative protection system.First of all,this article expoundes the connotation and characteristics of originality,points to the main forms of creative in social economic and culture life and illustrates thenecessity of protection of creative. Secondly, this paper does the research on legal attributeof originality, separately analyses from the real right, the creditor’s rights, intellectualproperty rights,then concludes that the creative should have intellectual property objects’sattribute, creative protection belongs to intellectual property protection range.This part ofresearch laid a solid theoretical foundation for formulating creative protection system.Again, it presents the creative protection status in our country from the legislative andjudicial aspects, takes examples from the United States today’s way of creative protectionand discusses that the non-property protection way is not feasibility and the necessity ofproperty protection way.Given China’s national conditions, puts forward three kinds ofcreative protection mode and analyzes the three patterns through the benefit balance andlegislative cost theory. Therefore,the copyright protection mode is the best protectionmode. Finally, according to the particularity of the creative itself, within the scope ofcopyright by special system design, constructs the legal system for the creative protection.