The Adjustment And Normalization Path Of Originality Judgment Criteria Of Works

In 2020,our country’s newly revised Copyright Law officially included the concept of "originality" into the legal provisions of the definition of works for the first time.The background is that the emergence of various new expressions since the new era has challenged and questioned the judgment standards of works.In the past few years,the judicial and academic circles of our country have had quite a bit of controversy over the basic theory of copyright law,which is the determination of originality.Cognition varies from person to person.The development of the originality criterion theory in recent years has been constantly changing,always with the emergence of new proposals.This paper argues that there are some inherent doubts in originality theories.The problem with existing originality theories is that they do not realize the core position and subjectivity of creativity standards.Historically,the origin,development,and integration of originality have been accompanied by practical demands,which are essentially the court’s response to the development demands of new industries,but the argument for copyrightability has produced a rhetorical change.Although our country’s judicial practice is aware of the tooling tendency of "originality",it has too much argumentation for the details of creation,while ignoring the argumentation of copyrightability and legitimacy.In order to unify the method of originality demonstration,it is a feasible and accurate method to introduce the economic analysis.The concept of originality can be quantitatively analyzed through the analysis method of cost and benefit,and its evidence-based demonstration ability is strong,and it has the fairness required by law,with stability and predictability at the same time.