Copyright Analysis Of New Types Of Works

In recent years,the means of expression diversified significantly due to the phenomenal advancement of human technology.Additional forms of creation consist of new inspiration,new materials,and previously non-existent forms of expression,became increasingly accessible to artistic minds.Lots of different categories of new work emerged as the result.However,provisions in the Chinese Copyright Law are too narrow to keep up with this massive insurgence of new types of works,creating an unfortunate situation where it is arguably difficult to provide adequate legal protection for these new works.How to extend adequate legal protection to the emerging new works is still currently a heavily debated topic among scholars within the Chinese legal community.This thesis introduces backgrounds and facts from three relevant cases: the Music Fountain case,the MU Online case,and the West-Lake-sceneries-inspired hair design case.This thesis proceeds to analyze the central issues relating to new works surrounding the cases,with heavy emphasis put onto the Music Fountain case,by introducing the underlying concepts and properties of said new works.Such a factual construction functions as the theoretical introduction to the legal purpose and relevant significance of the adoption of numerus clausus in Chinese Copyright Law.The Chinese incorporation of numerus clausus is then juxtaposed with relevant sections of Copyright Law from foreign jurisdictions.The currently enacted Copyright Law hails a strict literal interpretation of new works,creating a significant deficiency for extending legal protection to new works.For example,the miscellaneous provisions are considerably limited,thus creating the tendency for ambiguous and inconsistent judicial interpretations.This thesis aims to illustrates the importance of implementing certain relaxing amendments to the strict literal interpretation clause,and their constrained implementations,for the purpose of optimally protecting intellectual properties within the ever-expanding category of new works.