The Study On The Relationship Between The Continuation And The Original Work

With the rapid development of Internet technology,the conflict between the continued works and the original works has been intensified,and the copyright issue of the continued works has been noticed by many scholars.However,China's copyright law and relevant judicial interpretations have no reference to the continued works,which prevents us from directly restraining the continued works from the existing laws and regulations.It is still not clear whether the continued works is infringement and whether the continued works belongs to deductive works.But the relationship between written works and the original works involve the copyright of the continued works and the original works,distribution of interests between the continued author and the original author.It has great significance to the development of the copyright law in China,it has the necessary research.The text is divided into four parts.The first part is the case evaluation,and the analysis of two cases at home and abroad leads to the discussion of the central issue,namely whether the continuation of the works is infringement.The second part analyzes the infringement of the complete right of the author's works.Since the continuation of the works does not necessarily conform to the constitutive requirements of the right of integrity,the continuation of the works does not necessarily infringe upon integrity right of the original works.The third part is the infringement analysis of the property right of the author and the author.First of all,the author thinks that it is a reference behavior rather than a copying behavior.So that the continued works does not violate the copyright of the original author.Secondly,the continued works is different from deductive works,so it is obvious that the continued works does not violate the rights of the original author.The fourth part is to discuss and put forward the corresponding suggestions on the regulation of the copyright exception system.In written works constitute copyright exception cases,competition of continued works and original works will make effect on some potential benefits of the original author.In my opinion,reference to statutory licensing system to enforce written pay to the original author,which can balance the interest relationship of the two side.