Study On The Copyrightable Of Data And Data Products

In recent years,with the advance of the era of big data,the competition for data resources in the world has become increasingly fierce.Data assets have become the key to safeguarding national security,promoting industrial development and protecting personal privacy.The rights attribute of data is a new problem in the development of network and information technology.The root cause is that individuals,enterprises and countries are continuously digitized and virtualized under the impact of network and information technology,personal life,material production and Ideology is more easily penetrated and reshaped.With the rapid development of technologies such as the Internet,cloud computing,and big data,the amount of global data has exploded,and the flow and resource attributes of data have been continuously enhanced.Through large-scale data collection,processing and analysis mining,it can create huge wealth value for enterprises,but it may also have a huge impact on national security and personal privacy.In the process of enterprise data sharing,the rights attribute of data is the basis of data transaction,but this does not mean that the behavior occurring in the transaction process in practice cannot be regulated without determining the rights attribute of the data.From the perspective of the fact that the data has become a property,this paper explores whether it has the possibility of being protected by copyright law based on its intangible characteristics.If the copyright law is not enough to protect the rights of the owner of the data property,then is there any methods are commonly used to protect the value of data and data products and the interests of right holders in practice? The article is roughly divided into the following sections:The first part introduces the research background and research ideas of this paper.The second part expounds the origin of the topic selection,the development of information technology,and the digitization of information brings great challenges to traditional copyright law.The property attribute and intangibility of data make it controversial that is included in the protection of copyright law.Data and data products are already property under the legal context.This chapter elaborates on the evolution of property concepts,the boundaries of property concepts,and the copyright law as the institutional function of property law.It theoretically has the data and related products included in the scope of copyright law protection.In the third part,on the basis of understanding the originality requirements of the compilation works such as the Berne Convention,it is still necessary to have the minimum originality requirement in copyright law if the contents such as the database are to be protected by copyright law.At the same time,based on the difficulty of original judgment and the functional limitations of copyright law protection,the single use of copyright law to protect data and related products has certain difficulties in both theory and operation.In the fourth part,according to the conclusions in the article,the data and related products have the possibility of obtaining copyright protection,but the copyright protection is not enough to protect the interests of data rights holders.Therefore,in this case,the international community tries to use multiple intermediary channels to protect data.The rights of rights holders,such as the establishment of database rights,the use of trade secrets and unfair competition,and try to balance the balance between data protection and data circulation from the perspective of personal information protection.The fifth part introduces the information-related norms of China,and combines the practical experience of the international community to put forward opinions on China's perfect data and related product system norms.The author believes that the protection of data rights and the promotion of data sharing are complementary.Reasonable protection of the data assets owned by enterprises is a sufficient condition to stimulate the potential of enterprises to develop the data industry.For China,it is reasonable to learn from the international practice of protecting enterprise data assets.