Analysis Of The Copyrightability Of New Types Of Expressions And The Problems Of Their Application

In this rapidly changing world,what is considered an extremely odd object of copyright protection today may be considered within the traditional copyright realm tomorrow.In the first modern copyright law(the English Act of Anne of 1710),books were the sole object.Later,copyright protection was extended to maps,diagrams,musical works,dramatic works and engravings.In addition,copyright objects even extended to photographs,sound recordings and video recordings.Thus,the range of objects protected by copyright law has gradually expanded and has become quite substantial.After the revision of China’s Copyright Law,how to protect these new types of expressions has become an issue that should be addressed at present.Specifically,this paper is divided into five parts.The first part proposes the concept of "new types of expressions" and defines it,and selects representative and controversial new types of expressions for the discussion of this paper.Through the discussion of "new types" and "expressions",the connotation of new types of expressions from the perspective of jurisprudence is explained.Artificial intelligence generation,3D printing products and musical fountains are selected as representatives of new types of expressions for discussion.The second part is an analysis of the copyrightability of AI-generated objects.It introduces typical cases to discuss the current realistic problems of AI generators,and analyzes the properties of AI works and their non-copyrightability by introducing the background knowledge of AI and AI generators,and the process of generating AI generators.Finally,we propose the alternative protection path for AI generated objects.The third part is the analysis of copyrightability of 3D printing products.It introduces typical cases to discuss the current reality of 3D printing products,classifies 3D printing-related products by introducing 3D printing technology,and discusses the copyrightability of each kind of 3D printed digital models respectively.Finally,other protection paths for 3D printing products are proposedThe fourth part is the copyrightability analysis of musical fountains.A typical case is introduced to discuss the current reality of musical fountains,and musical fountains are discussed under the perspective of copyright,analyzing their copyrightability and the attribution of their types of works.Finally,alternative protection paths are proposed for musical fountains.The fifth part is the issues that should be noted in the application of the works clause to new types of expression.The definition of works and the relationship between types of works are sorted out,and a methodology for determining the types of works for new types of expressions is proposed.It creatively proposes the principle of strict originality criterion in applying the works clause to new types of expressions,and the principle of prudent application in applying the underwriting clause.