Research Of Work’s Originality

To become copyright law sense, the work must have originality. Originality is oneof the statutory elements of the work. Ingenious theory is universally recognized bytheory, legislation and judicial practice of States copyright law. In the continuousdevelopment of society, new types of works are emerging and originality is also anevolving concept. When we judge on originality of different types of work, we needto determine the criteria by each specific work. Originality itself has ambiguity anduncertainty and it’s necessary to be provisioned in law.The main object of this study is about originality theory and its criterion. Firstly,this paper describes the concept of work and the connotation of originality. Afterclarifying these issues, the paper describes the method of judging the work oforiginality, refers the “three-step tort identification method”to determine whether thework is ingenious. Besides, the paper focuses on specific criteria of originality ofvarious types of work.The paper is divided into four parts: In the first part, the case “CCTV Internationalv. Flash Get” leads to the concept of original works. Then the originality of work isanalyzed and elaborated. By the correlation analysis of originality and novelty,inventiveness, and other concepts, the meaning of originality is further clarified. Thesecond part focuses on two major areas of the copyright system----the CopyrightSystem and Author Right System. And the main countries, who use these system,provisions of the criteria of originality in the field of legislative and judicial. Weexplore the theory of originality in the actual situation in the legislative and judicialfield after a comparative study and contacting our reality. The third part introduces“three-step tort identification method” and determine whether the work has originalityby this method. Then the paper introduces several types of originality criteria forspecific types of works. Base on the first three chapter, the fourth part put forwardlegislative proposals of improving our theoretical criterion of originality.