Interpretive Refinement of the Work Type Underwriting Clause in the Copyright Law
The Copyright Law adopts an open-ended design for the type of works,but the lack of supporting regulations inevitably leads to the problems of inappropriate expansion of the scope of copyright protection,e-vasion to general provisions and application dilemma to specific cases.The timely follow-up of supporting regu-lations becomes an urgent prerequisite for the effective application of the underwriting provisions.By analyzing the provisions,purposes,origins and evolution of the open-ended work type clause through a combination of formal and substantive interpretations,it is suggested that"other intellectual achievements"be defined in the amendment of the Implementing Regulations of the Copyright Law and adopted as"other intellectual achieve-ments that conform to the characteristics of a work,meaning works that meet the characteristics of works but cannot be recognized as the first eight type of works in this Article by virtue of their main forms of expression".This may help to further clarify the classification criteria for judging the type of works and the principle of pri-ority application of the first eight types of works,to prevent the intellectual achievements meeting the charac-teristics of various types of works from flowing to the underwriting clause,to effectively delineate the boundary between the underwriting clause and the first eight types of works in terms of the scope of adjustment and the boundary of coherence with other laws and regulations,and to provide a concrete path for the application of the open type of works clause.
Copyright law revisionOpen-ended work typeUnderwriting provisionsSupporting legislation
万方数据
维普
