Research On Copyright Protection Of Copying Works

What is the difference between imitating and copying,whether imitating does necessarily constitute infringement of others,whether the imitation can be included in the protection of copyright law,this series of questions are still pending,worthy of our in-depth thinking.On the basis of summarizing and summarizing the relevant research achievements and opinions on the copyright protection of imitating works at home and abroad,this paper has carefully considered the problems mentioned above and put forward their own understanding and viewpoints on these problems.In the relevant domestic copyright law,the copyright law does not include the imitation in the scope of the copy form,although part of the imitating works from the point of view of the copyright law can be considered a replica,but there is still a considerable part of the imitationscan't simply treat it as a replica.Because the copywriter has a human nature,the document produced by his creation also contains a deep "personal mark",when the individual characteristics of the work to meet the original minimum requirements,usually can be regarded as imitating works.In this paper,we mainly elaborate on how to protect the copyrighted works from the aspects of national legislation and judicature.The author introduces the research background of this paper,explains what the significance of this paper is in the end,Whether the work should be protected by copyright,how to define and classify the imitations,what kind of judgment criteria is required for the originality,the rights of the imitations and the protection of the infringement,and so on.The first part discusses the meaning of imitationsand its copyright in this paper,gives the definition of these two concepts,and explores the necessity of copyright protection of the imitations from the artistic value and social value of the imitations;The second part,from the legislative and judicial practice,the author analyzes the present situation of copyright protection in our country;The third part analyzes the problems existing in the process of copyright protection of the imitations in our country,including the unclear definition of imitating works and other works,the incomplete mode of copyright protection,and the insufficient evidence in the judicial practice;The fourth part puts forward the countermeasure of perfecting the copyright protection system of our country's imitations,including distinguishing the difference between the imitating works and the imitating works,the fakes and the copying materials,and clearly explaining the protection mode of the imitating works,and Sound proof of the work of proof system.