Study on Judicial Application of Open-ended Clauses for Types of Works in the Digital Copyright Era
In 2020,The Copyright Law amended the expression of Article 3 of the work-type clause to"other intellectual achievements in line with the characteristics of the work",indicating that the work-type model has changed from a closed to an open-ended model,which provides theoretical feasibility for the copyrightability of a-typical digital products.However,in the practical needs of the new type of expression,the judicial application of open-ended provision of the work type still has the difficulties of deviating from the principle of the basic civil law,presenting uncertainty in the scope of objects and increasing the cost of argumentation in judicial decisions.Under the mainstream trend of the development of the current copyright law,based on the stability of the copyright law system,the open-ended clause should be applied on the premise of whether it conforms to the elements of the work and should be prioritized to be classified as an exemplary type of work and at the same time refer to the rules for the protection of exemplary works so as to overcome the deficiencies of the open-ended legislative model of the type of work and the rationality of the judiciary and to maintain a balance between the protection of copyright and the development of digital technology.
copyrightnew types of expressionswork type modeldigital products
NETL
NSTL
万方数据
维普
