Typed Research On The Originality Of Works

The copyright object system is the cornerstone of the entire copyright system.The definition and scope of its object standards are not only related to the rigor of the internal logic of copyright law,but also to the harmony with the external logic of other intellectual property systems.Insufficient researches on the basic theory of copyright in China and the emergence of new forms of intellectual achievements have challenged the existing copyright object system.In our country,the idea of ingenuity as a necessary and inadequate condition for constituting a work has been widely recognized,but there are different opinions on which ingenuity standard is adopted.In addition to the introduction and conclusion,the text is divided into four parts.The first part first defines the related concepts such as works and originality.Clarifying the concept of work and originality is the theoretical premise of exploring the originality standard.First,the basic positioning of the work is discussed from the existing theories such as information theory and knowledge product theory.Then,the concept of originality is clarified through abstract level definition,negation definition,and other conceptual auxiliary definition methods.In the definition process,the exclusion of factors such as simple labor input,the existence of creative intentions,novelty,etc.can assist in understanding the concept of originality.The second part analyzes the shortcomings of traditional originality research,and puts forward the reasons and significance of typed research.The application of China’s originality standards faces the dilemma of multiple standards selection.In addition,there are still problems such as the qualitative and quantitative battles of originality standards,and the difficulty of unifying diverse works.Therefore,the type of originality standards of works needs to be studied.The third part discusses the proper model of originality of the work.In this process,first of all,a classification standard should be established.The existing standard in China’s copyright law is a statutory limited classification model for the type of work.The classification is based on the content or form of the work,and also based on the creative method.However,the main basis of originality classification is to adjust the internal structure of copyright law and the external logical relationship with other intellectual property laws.Therefore,the main objective factors affecting works are used as classification criteria,and works are divided into fact works,functional works,and aesthetic meanings.The main works;secondly,the objective limiting factors and subjective creative factors in different types of works are distinguished: subjective creative factors belong to the individualized scope,which is analyzed on a case-by-case basis,and the objective limiting factors can be type-researched.Generally speaking,objective restrictions The more factors,the smaller the scope of subjective initiative,the higher the requirement for originality,and the objective limiting factors of each type of work have become the focus of discussion.The fourth part analyzes the application path of the original standard type from the practical level.The research on the original classification of works is difficult to include all types of intellectual achievements,and non-traditional cognition types of works emerge in endlessly in judicial practice.In the face of atypical intellectual achievements and new intellectual achievements,we should be more cautious.Atypical intellectual achievements can be applied to the originality requirements of typical works,and the original intellectual property standards of new intellectual achievements can be gradually developed.At the same time,the practical application of the typed originality standard should be specifically regulated in the guiding case to ensure the stability and predictability of judicial practice.