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Research On Application Of System Of Work’s Originality

Posted on:2017-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:X C ZhangFull Text:PDF
GTID:2296330485983784Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The case of Qiongyao appealing against Yuzheng plagiarism her work’s and master thesis plagiarism of Shandong university makes people resist act of plagiarism and rethink how to effectively authors’ copyright. When we want to judge the plagiarism, it is hard to avoid the problem that work’s originality. The TRIPS agreement and most countries copyright system show that originality is the spirit and soul of works. No matter the Anglo-American law system who highlights works copyright economic benefit, or the continental law system who speaks highly of authors personality and moral rights have huge diversity as well as for the originality meaning and standard.Even though China’s copyright legislation and judicial protection have a short history, both of them have been absorbed the essence from the advanced countries research. On the basis of Chinese actual situation for further protection copyright. With the rapid development of economy and technology and improvement of legislation, people enhance their self-awareness on the protection copyright. That is why there are more and more copyright lawsuits today. Constraints on copyright legislation and jurisprudence of inquiry on the original standards are not clearly defined, the judge’s knowledge are uneven, coupled with scientific and technological developments have led to new works continue to emerge. Therefore, we need to clear the originality standard for overcoming all kinds of challenges. The article contains five parts. From my point, I further state the advantage of work’s originality standard.The introduction part we introduce the background of originality issues, raising a series of Founder word infringement cases, pointing out that the main problem is its ingenious system of justice and the resulting ambiguity inherent standards are not uniform. Then literature review of domestic and foreign research and finally illustrate research methods.Chapter one we discuss the work’s originality. Firstly, the concept of originality are deconstruction analysis, that originality contains complete independently and creativity, then the constituent elements of the originality- completed independently and creativity are specifically addressed. It concludes that the originality of value in four aspects: helps to unify the judicial application, helps to distinguish public and private sector, helps to define new objects, and as the consideration to the copyright.Chapter two we introduce the work’s originality determination principles and methods. Firstly we introduce the difference of two legal systems of originality by the method of comparative research. We know that two legal systems are different about standard of originality, however, with the global integration process, work’s originality standard integration trend emerges. Then we point out that the determination should insist on principle of expression and ideas and interests balance principle. Finally, the original determination methods are introduced, pointing out "syllogism" method can be applied to the determination of judicial application.Chapter three we mainly summarize and analysis the originality standards of our current judicial practice. We point out the originality of the work of judicial practice are different. In the absence of legislation and the theory, the judicial application and originality has no uniform standard.Chapter four we mainly discuss the defects of work’s originality and suggestions for improvement. Now we have problems that the current legislation aren’t explicit and the application are inconsistent. Based on value of the copyright law, we can improve the four areas with useful experiences of extraterritorial: firstly, legislation and judicial should explicit the concept of originality; secondly, combining the the general standard and special standard of different works; thirdly, introduce "syllogism" determination method; fourthly, establish professional judge mechanism.
Keywords/Search Tags:Works, Originality, Determination principle, Syllogism
PDF Full Text Request
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