Research On The Basis Of Works Classification In Copyright Law

As the basic issue of copyright law,copyright subject matter affects the operation of the whole copyright system,so its correct cognition is the primary task of copyright law.Since the copyright subject matter is so abstract,it needs to be assisted by the way of listing the type of works.However,in practice,problems such as unclear boundaries,cross-class infringement,and subject matter expansion indicate that there is a certain shortcoming in the current classification of works.Classification basis is an important guideline for the classification of works,but it is seldom studied.To reorganize the comparison and classification of works,this paper studies the classification basis of works,hoping to promote the recognition of subject matter of copyright.In addition to the introduction and conclusion,this article consists of the following five parts:The first part analyzes the meaning of the thesis.Firstly,the relationship between the classification of works and the classification basis is clarified.On the basis of understanding the meaning of the classification of works,explore the meaning of the classification basis.Combining the way of definition,“specific plus differential”,classification basis plays an inductive role in the classification of works,and guides the analysis of the "originality" of copyright subject matter in each works category..The second part is a comparative study of the classification patterns of works.Combining international treaties,extraterritorial laws,and the development process of China's copyright law,the classification rules of works appearing therein are sorted out,and three different classification models are obtained.Compare the differences and summarize the relationship between the different patterns as the degree of abstraction.The third part,based on comparative research,seeks the classification basis of works.From the model summarized by the comparative study,through the analysis of the way of definition," specific plus differential ",the classification characteristics of different modes are summarized,and the classification basis of "sensory" and "creation methods" is obtained.Analysis of the relationship between the two,the sensory play a decisive role in the methods of creation,the two together to build the originality contained in the works.The fourth part explores the classification basis through cross-class infringement issues.the cross-class infringement issues are divided into two categories,based on whether related literary works.Cross-class infringement which is not related literary works can be solved by the sensory and creation methods.Cross-class infringement involving literary works requires the semiotics as a basis for in-depth analysis.Using Saussure's semiotics to reveal the cross-class infringement treatment of literary works,Pierce's semiotics was introduced to further analyze the classification of works.The fifth part analyzes the problem of copyright subject matter expansion from the perspective of classification basis.By analyzing the process and factors of subject matter expansion,it is found that the essence of subject matter expansion is insufficient understanding of the " creation methods" in the classification basis.Reinterpret the existing solutions in the perspective of classification basis and improve the solution to the problem of subject matter expansion.