Clarification and Reinterpretation of the Concept of Originality in Copyright Law
Due to the abstract concept of personality,creativity,intellectual labor,etc.,the originality of a work usually hinges on the predetermined personal position.This mode of judgment will unreasonably harm the expectations of copyright protection.In terms of the definitions of works in our country,origi-nality is an internal scale that distinguishes one work from others.Originality not only indicates the unique attributes of specific single works,but also shows the ownership of its related rights.This connotation is consistent with the internal and external values of copyright law.According to this logic,originality refers to the relative differences among works.According to the relative difference standard,authors have the right to seek protection under copyright law.
copyright laworiginalityrelative difference standard
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