Study On The Standard Of Originality

As a crucial concept in the field of copyright,the research on the originality of works has never stopped.Copyright originality has undergone multi-dimensional research abroad,but there is still no unified definition or interpretation of the concept and criteria for determining work originality in domestic judicial practice and academic research.In recent years,there has been no controversy over the need for traditional types of works to be independently completed by authors.The main controversies in the theoretical and practical fields have focused on the creative level of the work,which has also sparked a debate over whether originality is "high or low".In the context of new technologies,with the gradual reduction of human participation in the process of artificial intelligence generation,it is difficult to reach a consensus on how to achieve copyright protection for AI products that lack human authors.This article focuses on the historical development of the criteria for determining originality in the United States,and summarizes the principles of "sweat of the brow",author personality standards,and distinguishable change standards through the distinction between factual and value judgments.The principle of "sweat of the brow" requires the author to make efforts to independently create the work,and the measurement of this creative process belongs to the category of factual judgment.The creative requirements of the author’s personality and distinguishable changes imply a pursuit of the social value of the work,which should be attributed to value judgment.The "minimum level of creativity" standard presented in the Feist case is the judgment standard of "fact+value".The originality judgment step of "fact before value" helps to clarify the logical relationship between the "existence" and "high and low" of originality,clarify the copyright protection issue of AI products in the context of new technology,and provide reference for the reconstruction of China’s originality standard.