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Research On The Originality Of Big Data Chart In Copyright Dispute

Posted on:2021-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:H X WeiFull Text:PDF
GTID:2416330626961324Subject:Law and law
Abstract/Summary:PDF Full Text Request
Big data chart is the product of the development of data visualization technology.Data visualization technology is the use of technical means such as graphics,image processing,computer vision,through the establishment of models,programming and the display of the surface,three-dimensional,attribute,reveal the nature of the data in the form of graphics or pictures,characteristics and laws of data,so as to deepen readers' understanding of data and knowledge.With the rapid development of information technology and data visualization technology,the application of big data charts is growing,and the copyright disputes involving big data charts are also increasing.Because big data chart is a new thing,there is no precedent to follow in judicial practice,so the copyright dispute involving big data chart has become a difficult problem in judicial practice.Originality is one of the most important concept in copyright,which is related to the identification of infringement and whether the work can be protected by copyright.However,the judgment standard of originality is not unchangeable,which is influenced by different philosophical thoughts,different types of works and other factors.It is precisely because of the variability and fuzziness of the standards for the determination of originality that it is more difficult to determine the originality of big data charts in judicial practice.Based on the production principle,production process and manifestation of big data chart,this paper analyzes the existing problems in the determination of originality of big data chart,and investigates and analyzes the theories,systems and typical cases of originality of copyright in foreign countries.Aiming at the problems in the determination of originality of big data chart in copyright disputes in China,it puts forward its own suggestions for improvement.First of all,it introduces the basic knowledge of big data chart,briefly explains the production principle and process of big data chart,through the analysis of the definition of works and types of works,it comes to the conclusion that big data chart belongs to works in copyright law;secondly,based on the analysis of various original theories,original standards and original judgment methods,combined with the existing judicial system The case summarizes the problems existing in the determination of the originality of big data charts in China.Thirdly,the paper makes an in-depth analysis of the problems existing in the identification of the originality of big data charts from the perspectives of determination methods,determination standards,boundaries between the public and private fields,professional qualities of judges,etc.,and draws some enlightenment on the determination of the originality of big data charts.Finally,On the basis of the above analysis andresearch,this paper puts forward some suggestions to improve the identification of originality of big data charts in line with China's reality.
Keywords/Search Tags:originality, standard of originality, big date chart, date visualization, copyright disputes
PDF Full Text Request
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