Research Of Originality Theory In Digital Era

In different legal systems, the theory of originality has different standards. However, whether in Author’s right system, or in Copyright system, Originality requirement has been regarded as a basic principle in Copyright Law without any exception. Only when the Intellectual achievement is identified as "work" in copyright law, can the work be protected by the Copyright Law in one country. With the development of the era, the Theory of Originality improves at the same time. So the issue is a timeless topic and the research must be up to date. In the history of several hundred years of copyright, different countries have their own originality requirements, and the theory was not static but improved constantly, so the history of the theory of originality is worthy of our consideration and research. The development of information technology and network has profound influence for the traditional Copyright System, because the digital age has brought a considerable variety of new works. So the original criteria of originality also need to constantly adapt to the new demands of society and the publics. Therefore, the study of Original Theory in the digital age has their real need and value. Research paper is divided into five chapters:The first chapter is "the basic research issue of originality ", before discussing the theory in details, we must clarify the basic concept of originality, as well as the role and the character of it. in the Copyright Law/’originality" means " the completion of independent creation by the author ", stressed the independence and creation of the works. In the sense of copyright law, originality can be divided into two aspects:first, it is the standard of determine the "work" on copyright law; Second, it is determined the standard of work infringement.The second chapter is "the comparative study of the Originality Theory ", mainly uses the method of historical research and comparative research, reviews the historical development of Originality Theory. The comparative study of it both horizontal and vertical context proceed. The first stage is to compare the Originality System of the United Kingdom, Germany, and the United States. These three countries have their own typical characteristics; the second stage is to compare the Originality System of the whole world in chronological order, so that we can have a macroscopic view of the development of Originality Theory, and we can also forecast the develop trend of it. In the end of this chapter, the author gives an analytical conclusion.The third chapter is "theoretical study of the Originality", this part is mainly on the basis of the second chapter to solve the important and difficult issues of Originality Theory. In the beginning of this chapter, the author compares the concepts of originality to some neighbor concept in Copyright Law. And then, the author makes a conclusion of the specific content and criteria of originality. In the end of this chapter, the author emphasizes some aspects when we establish our criteria in the digital age, including the balance of interests, social value judgments and the impact of new technologies on the network.The fourth chapter is "the exploration of the originality standard for new work in digital age". Based on the conclusion of the first three chapters, this chapter mainly uses empirical research to give solutions about the new Originality Standard. Since there are too many new works in digital era, this paper choose three kinds of typical representative among them (micro-blog, electronic map and art font) for empirical research. And at the end of this chapter, the paper suggests the right attitude of which we should have towards new work.The last chapter is "the development and improvement of the standard of originality China". In this part, the author proposes that "the standard level of originality cannot be judged right or wrong. As long as it could promote the cultural development of a country, and meet the cultural needs of the public, it is an appropriate standard of originality". This chapter discusses "the existing provisions of originality standard", and ultimately concludes three proposals to improve and perfect the Originality Standard of our country in the digital era.