Research On The Identification Of Non-illustrative Works Under The Open Model Of Work Types

In 2020,the Copyright Law was revised for the third time,changing the miscellaneous provision of the type of works from "other works stipulated by laws and administrative regulations" to "other intellectual achievements conforming to the characteristics of the works".This amendment established the open mode of the type of works,and included works of non-illustrative type under the protection of the Copyright Law.The academic community thinks that there are some problems in the application of the open mode of works type,such as the overhead type clauses of illustrative works and the blind expansion of the object of copyright.In order to avoid the above problems,a reasonable identification pathway should be proposed for the protection of non-illustrative works in practice.Only when the new intellectual achievements meet the constitutive requirements of the works and cannot be classified into the illustrative works,can we consider the application of the miscellaneous provision and can we protect the copyright of "non-illustrative works" to prevent the infinite expansion of the work types,overhead type clauses of illustrative works and other problems.However,in the process of exhausting illustrative works,the scope of interpretation of illustrative works should not be extended too much,otherwise it may lead to unequal international obligations.Because of the judicial practice has identified experience of illustrative works,which have definite rights and ownership rules.while it is not clear how to identify the non-illustrative type works and what rights they enjoy.Through the characteristics of the expressive forms of non-illustrative works,to analogize the rules for the identification of illustrative works,judge whether the non-illustrative works meet the copyright conditions of works,and apply the rights that the selected illustrative type of work should enjoy according to law.