The Study Of Original Works' Assessment Criteria

The object of the copyright is a work, but all works all can obtain the copyright method by no means protection. The originality is the work essential attribute and the essential condition with which the work obtains the copyright. This has been generally accepted by various countries legislation institute and manifests in respective copyright law system, our country is not exceptional.But, what's originality? How to determine the originality of the works? Regarding this, the various countries' stipulation and the practice have great differences.In our country, we cannot find reasonable explanation of the related originality from the present copyright law and other correlation laws. But in the social life dispute certainly cannot not stop emerging because of the legal stipulation. The "Five golden flowers " document, "Liu Laogen" document and so on, a series of disputes have left behind the profound ponder to us that, Whether the work name does have the originality? Whether may obtain the copyright protection? But the key to the solution to this question lies in the determination of the work's originality. In fact, in the judicial practice most copyright infringement disputes all involve to the work original determination. Even may say that, the originality is the beginning of lawsuit and the court referee's premise and the foundation. Obviously, the original theory question is the important topic which our country's theory and the current legislation and the judicial world need to solve.This article firstly introduces the work's originality, emphatically elaborates the original basic meaning and the main characteristic and seek the scientific method of the original determination. Through the original comparison test research, profits from other national related original reasonable stipulations and the mature experience uses for us.In this foundation, the author constructed and in the judicial practice concrete utilization to our country work original theory system proposed own conception. The full text has 40,000 characters and mainly divides four chapters to elaborate.The introduction partial mainly proposed the work original question, and has analyzed the original fundamental research significant practical significance. The first chapter altogether divides three, which mainly elaborates the work original basic meaning and the main characteristic. The author has explained the basic meaning and the characteristic of the originality, namely the independent creation completed. When elaborating the original characteristic, the author compares the originality with origination in the patent law as well as the work literary arts, in order to comprehensive assurance original main characteristic and concrete meaning.The second chapter altogether divided three, this chapter mainly elaborated the work originality determination principle and the method. In the work original same patent law the origination equally is objective, may determine.The different work creation space is different, this objective reason causes the different work to manifest the different original request, The creation space is also the objective factor which must give to consider when we determines the work originality. The "syllogism" criterion determines the work original quite reasonable mature method and is worth us profiting from with the utilization.The third chapter altogether divides three, mainly utilizes the comparison test and the legal precedent analysis method, inspected other countries specially is the author's right system and the copyright system related original legislation stipulation and the judicial practice. As a result of the various countries' legislation value orientation and the legal tradition are different, this causes the various countries to the original understanding and the utilization also entirely different. This also has reflected the original question complexity. But along with economical globalization tendency strengthening, the various countries gradually hastens about the original understanding with.The fourth chapter altogether divides five.In this chapter, the author has firstly analyzed the present situation of the original legislation in our country, the judicial practice and the existing questions and proposed own conception in this foundation to our country original theory system constructing with the judicial practice in concrete utilization:The work original limits must take conform to our country copyright method legislation objective and the value orientation as a principle;we should not and the length size takes number of words how many the original determination the basis;When substantive similar determining,we should emphasize to "the contact" recognizing;The slight defect work original determination and right infringement responsibility undertaking are two different questions, should not confused. The conclusion partial mainly emphasizes the work original fundamental research significance, as well as to our country original theory system development and consummation forecast.