| In the new media environment,the creation methods and expressions of works are more diverse,and the judgment of originality is more complicated and obscure in the context of the continuous enrichment of the types of works.Originality is the core concept of copyright.As for the originality standard,some scholars insist on an integrated standard applicable to all works,and in the face of dynamically developing work types,the originality standard is uniformly tested and adjusted to improve the predictability of the law.There are also scholars who argue that different works have their own particularities,and different judgment standards should be set according to the types of different works.The inconsistency of doctrines also had an impact on judicial practice.In judicial practice,there is a big difference between the originality standards applicable to new media works such as computer software,live sports events,artificial intelligence generated objects and other new media works emerging under the development of new media technology and traditional works.Ingenuity requirements are lower,which challenges the integrated theory of ingenuity criteria.At the same time,the unique form of works and limited creative space also make these new works have great differences in originality standards.The digital transformation of the industrial economy has made the copyright industry,which has natural digital advantages,the backbone of the digital economy.The development of the copyright industry in the context of new media requires the protection of copyright law.Works are the cornerstone of industrial development,clarifying the originality standards under digital media,including the objects that should be protected into the scope of protection of the Copyright Law,and excluding creative achievements that do not meet the requirements,which is conducive to the in-depth development of the Internet industry in the digital economy.This article intends to focus on the relevant originality judgment criteria of new works produced and disseminated in the new media environment,starting from the judicial practice in my country,by sorting out and analyzing cases and theories,and responding to the originality disputes.The first chapter of this paper analyzes the concept of new media,and proposes that new media is a medium that appears under new communication technologies such as digital technology,Internet technology and other traditional media,and has the distinguishing characteristics of digitization and interaction.The development of the copyright industry in the new media environment is facing severe challenges: the media used for reproduction and dissemination is no longer a scarce resource,and works can be easily reproduced and disseminated in digital form.In this case,the copyright industry urgently needs the strong protection provided by the copyright law.The development of the digital copyright industry and technology has produced many new media works whose creation methods and forms are different from traditional works.Works are the cornerstone of the development of the copyright industry.The academic community has little objection to the issue that the relevant rights and interests of these new types of works need to be protected by law.,but the copyrightability of these new types of works,especially the issue of originality,is very controversial.The first chapter makes it clear that this paper takes the new works(new media works)that appear under the new digital media and new communication technologies as the research object,and through the observation of our country’s judicial practice,puts forward the originality disputes brought about by the emergence of new media works question.The second chapter takes live sports events,artificial intelligence generated objects and electronic maps as examples,from the perspective of judicial practice,through the collection and analysis of cases and doctrines,to examine the specific originality standards applied in new media works.As for the live broadcast of sports events,taking 2015 as the node,the court’s originality determination standard for live broadcast of sports events has undergone great changes in judicial practice.Previously,the "high and low standard" of originality was the mainstream standard at the time.After the Sina v.Yingzhou case,the existence of the standard gradually replaced the high and low standard and became the mainstream recognition standard for sports live broadcast cases.In judicial practice,the original originality was reduced.The standards tend to protect live sports events as works.Similarly,with regard to the originality of artificial intelligence objects,which is widely debated in the academic circles,judicial practice also tends to apply lower originality standards and determine that they meet the requirements of originality.China copyright law has a utilitarian legislative purpose,and it must always be adjusted in the direction of promoting industrial development in the evolution of the legal system.The originality standard is the threshold of copyright protection.When making originality judgment,the court not only needs to consider the copyright theory,but also deeply consider the industrial factors behind it.Under digital media,copyright and industry are more closely integrated.Compared with personality rights,works are more closely related to economic interests.Although compared with traditional works,some new media works have a limited degree of intellectual creation,but these works may be in the process of creation.Need to invest a lot of manpower,material resources and funds.In order to encourage capital investment in creation and promote the development of some industries,the originality standard can be lowered,and a low standard similar to the German "small coin" standard and the EU’s "author’s own intellectual creation" can be included in the protection scope of copyright law.The third chapter focuses on the debate on whether or not there is an originality and the standard of ordinary works in my country,from the theoretical perspective,through the legislative origin of my country’s copyright law,the subjective and objective perspectives of originality,and the comparative study of the two legal systems.From the perspective of the new media environment,it systematically analyzes the originality standards in my country.my country’s copyright law is the product of legal transplantation.In the legislation,more reference is made to the legislative experience of Japan,Germany and other civil law countries,and neighboring rights are set up to protect objects that cannot meet the originality requirements of works.In addition,in order to prevent excessive erosion of the public domain due to the excessive expansion of copyright objects,or to feed back the public domain,the originality of general works should also reach a certain level.The adjustment of the originality of new media works has its particularity.The formula for whether or not new media works such as live sports events,software,and AI-generated objects are applicable is that the works have intellectual creation(possibly few)plus high cost input.The relationship between the general and the special should not be confused.It is believed that the originality standard of all works in my country has changed,and the originality of all works is defined as an absolute existence,and a completely unified originality standard is stubbornly sought.Otherwise,in the face of the ever-expanding copyright law with the development of new technologies,there is only one way to adjust the originality standard,which is to continuously lower the standard for backward compatibility.In this way,regardless of the many harms caused by the excessive expansion of copyright in fields that do not require adjustment in theory,the most practical problem is that in my country’s current judicial practice,in many cases,subtle personalized choices and judgments are If it is not protected as a work,in other words,many works still require the degree of originality.If originality is defined as absolute existence,it will inevitably cause great confusion in judicial practice.In order to maintain a unified standard of originality,scholars who insist on high and low standards propose to establish special rights for sports events and other works that involve a large amount of investment from investors but have limited originality.Lag,under the development of Internet technology,these new media works change rapidly.On the one hand,after the law is established,the development of the industry is likely to have undergone new changes.On the other hand,before the law is set,it will also face the embarrassment of being unable to rely on it.In this regard,anti-illegal bottom line can be one of the solutions,but from the perspective of industry transactions,if there is no specific right,the transaction will be greatly affected,thereby curbing the development of the industry.Therefore,originality The special adaptation of the standard to a special work may be an option that can solve the problem with the least cost. |
