Research On Legal Identification And Judicial Protection Of New Types Of Works

With the development of new technologies such as the Internet,artificial intelligence and big data,it have been provided new and diversified materials and expression forms.New types of works have been created,such as musical fountains,Web design,live sports events,VR publications,etc.Subject to the closed enumeration of the types of works in Article 3 of Copyright Law(2010),new types of works cannot be directly classified into types of works listed in the law,and judicial have to face many difficulties from claims for copyright protection of new types of works.The third revision of Copyright law adopted a “definition + open enumeration” legislative model for works.In the context,explores the function of the typification of works in the legislation from the meaning of the classification of works,namely “examples and guidelines”.And it criticized rationally the closed enumeration mode of work types.Based on the purpose of Copyright law and the particularity of the copyright object,the open enumeration model is more in line with the essential requirements of work categorization.Starting from the status quo of judicial protection of new works in practice in our country,it summarizes the specific protection paths in judicial judgments,problems such as inconsistency in the protection path of new works and misunderstanding of relevant regulations on work types have led to frequent conflicts in trials.Faced with the demands for protection of new types of works,we should adhere an open and prudence attitude to it.Typing new types of works is helpful for recognizing as a work.If it is still unable to be classified through legal interpretation,it can apply the provisions of “other intellectual achievements that meet characteristics of work” to receive copyright protection.For the literal interpretation,system interpretation and purpose interpretation of Article 3 of the Copyright Law(2020),the categorical clauses of work are set some restrictions for judicial application to avoid abuse,so as to realize the prudent protection of new types of works.