A Study On The Works And The Relationship Between The Works And Originality

The works is one of the most basic concepts of copyright law. In Chinesecopyright law, Originality is the components of the works. Under written law systemone of the most important qualities about laws is logic. The components of the worksinclude the originality, replication and intellectual achievements. These componentsmake the works predictable. However through the analysis of the connotation of theoriginality and the nature of the works, the connotation of originality can not reflectthe nature of the works. The originality is independent creation plus a modicum ofcreativity. The nature of the works is the objective expression; the expression will notbe changed when it is created. So “independent creation” only express the subject ofthe works. It is not the components of the works.This article includes introduction, text and epilogue.In the introduction, the author raises the thesis of the article by a case.The text includes four parts. The main content of the first part is the connotationof the originality. In the first part, the author studies the nature and connotation of theworks. Through studying the concept of the works and the relationship between theworks and the expression vector, the author deems it that the nature of the works is theexpressive form. In the second part, the author studies the originality at a comparativeperspective inspects different norms and values of the system of copyright law in theworld, interprets the scientific content of originality. In the third part, by analyzing the relationship between the originality and the works, the author draws a conclusion thatthe “independent creation” is not the component of the works. Independent creation isthe concept that interprets the relationship. In the fourth part, the empirical analysis onthe problem of the imitation works, support that the conclusion is rational.In the epilogue part, the author gives the simple conclusion and the shortcomingsabout this paper.