The Protection Of Copyright In Works Of Searching Results Page

Protection for searching results page is good for protecting the interests of serviceproviders, and it also plays an active role in promoting the development of search engineindustry. Searching results page is a type of the web page. Property of web page work andprotection of copyright are under extensive investigation in academic circles. The webpage work belongs to the assembly work through the case of “Beijing Reed v EasternInformation Service Co Ltd” and so on. However the formation mechanism of the searchingresults page has its own characteristic. The formation of other web page works is throughmany steps including designing framework, source program and so on. Each step is originalselection. Web page obviously is the crystallization of the wisdom and efforts. The formationof the searching results page is mainly dependent on the operation of the software. With thecontinuous development of computer technology, the software becomes more intelligent. Theproperty of search results page work and copyright ownership of it have been questioned.However, China’s copyright law does not expressly provide the works made with the help ofcomputer. Using new technology, disputes of changing the results page, frequently appear injudicial practice. Therefore, it is the necessary to analysis the formation mechanism of thesearching results page and property of it. To protection of the legitimate rights and interests ofpeople, it is necessary to make clear nature of works.In this thesis, starting from the case, the formation mechanism of the searching resultspage and the property of searching results page are analyzed. We analysis the shortcomingsabout protection of results page in practice. This thesis is divided into four parts：The first part is about briefs and the main focus of controversy. After introducing thebasic situation of the case, it summarizes the one focus of dispute in this case:If the searching results page produced by computer program has the attribute of work. Toanswer this question, we should study the formation of the searching results page first.The second part is about mechanism of the searching results page. First of all, thesearching results page is formed mainly by running of the searching program. As theprogram is not a natural person, it is impossible to create. Contribution to the formation of thesearching results page should be owned to the designers of the program. Second, Behavior ofusers also plays a role in the formation. However, the behavior of user can only be called asusing not creating. Through the analysis of the formation process, the formation of the page is mainly dependent on the search engine’s operation.The third part is about property of searching results page. First, using the legal system ofinterpretation, searching results page belongs to China’s "copyright law" protection. We focuson the problem of originality of the searching results page. The searching results page is theresult of the intellectual creation activity, and it meet s the requirement of originality.Secondly, answer of the searching results page copyright ownership can be solved from takinga cue from the software produced with the aid of computer. Third, through the comparativeanalysis of other types of works, it is most appropriate to protect it as compilation works.The fourth part is about the infringement. By using the method of assembly worksinfringement, infringement of the searching results page is analyzed. In addition, in theprotection of such work, how to deal with countermeasures has been analyzed.