Dissertation > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law

Study on the Originality of Works

Author WangYuJia
Tutor ZhangZhengZuo
School Suzhou University
Course Civil and Commercial Law
Keywords works copyright originality judgment standard
CLC D923.41
Type Master's thesis
Year 2012
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The originality is a basic concept in the theory of copyright, it is significant incopyright law. But, due to its abstractness and fuzziness,academic circles and judicialcircles have controversy on its definition and judgment standard. Firstly, this paper clearlydefines the position in copyright law, it is not the substantive element of a work, but thesubstantive element for a work to be protected by copyright law, and the protection is inproportion to its highness. According to this positioning, this paper defines the originalityboth from subjective aspect and objective aspect, that is, the personality of authors and theindependence of creations. Then, this paper clarifies the relationship during the originality,creativity and creation. Finally, on the basis of analysis and summary of commonality anddifference about the originality in different countries, this paper puts forward somesuggestions for the judgment standard, that is,in principle of distinction and restriction,to consider the specific factors which includes the independence and the creation of thework itself, under special circumstances we can consider the degree of creationadditionally.

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