Study On Copyright Law Protection Of Linmo Products

Whether linmo is one method of copy, whether linmo products are infringing goods, whether linmo products should be subject of Copyright Law, all these are controversial issues. Based on the arrangement of various views, the paper undertakes serious thinking on these issues and finally draws its own conclusions. According to the regulations of Copyright Law, linmo is not one method of copy. While some linmo products can be viewed as replicas, but there are still some linmo products that should not be considered as a part of replicas. As linmo products are done by natural persons, there are inevitably “personal brand” in them. If the “personal brand” is so significant that linmo products have the originality which is necessary to works and linmo products meet other requirements of works, the linmo products are works. We can call them linmo works. For those linmo products that do not meet the requirements of works, if they satisfy the protection conditions of neighboring rights, they can be incorporated into neighboring rights protection.This paper consists of foreword and text, and the text is divided into four parts.The first part introduces the basic theoretical issues of linmo products, including the concept of linmo, the comparison of linmo and copy and the classification of linmo. In this part, linmo products are divided into three parts, including ordinary linmo products, linmo products with special meanings and linmo works. Expounding on the three different linmo products lays the foundation for the following discussion.The second part talks about linmo products with special meanings and linmo works, mainly analyzing the conditions of the two can be protected by Copyright Law. For the particularity of object, purpose and imitator and the social value of the linmo products with special meanings, the imitators of them are substantially the disseminators involved in neighboring rights protection. The paper demonstrates that imitators of these linmo products with special meanings could enjoy neighboring rights respecting their linmo products. Linmo works are the expressions of ideas in the field of literature, art and science. They have originality and can be copied in tangible forms. All these elements make linmo works belong to the works of Copyright Law.The third part analyzes the legal status of the linmo products with special meanings and linmo works and the right and limitation of the imitators on the basis of the second part. Linmo products with special meanings should be in juxtaposition with performance, phonogram and broadcast. Imitators of these linmo products have the right to identify themselves as the imitators, the right of publication, the right to be respected, the right of reproduction, the right of distribution, the right of exhibition, etc. Linmo works belong to derivative works which are different from the adapted works and translated works. The imitators of the linmo works enjoy the moral rights and property rights. As linmo products come from other’s works, when imitators exercise their neighboring rights or copyright, they must be subjected to a series of restrictions which come from the authors of the original works and the public interests.The fourth part introduces the provisions of Copyright Law of People’s Republic of China and infringement on imitators’ rights. Following the 2001 "Copyright Law", the current Copyright Law" remove linmo out of copy, suggesting that the legislators also tend to think that linmo is different from copying. According to the absence of provisions for the protection of linmo products in Copyright Law, the paper thinks that China should accelerate the improvement of legislation on protection of linmo products through adding the relevant provisions of linmo products with special meanings and linmo works.At the last of the paper, it draws a conclusion based on the above, reiterating the protection mode of linmo products with special meanings and linmo works and the significance of protection of them.