1. Can a compilation work be original?
Compilation works are not The copyright of original works and compiled works belongs to the compiler. "The compiler can be a natural person, a legal person or an unincorporated unit." "The unit organizes personnel to create, provides funds or materials and other creative conditions, and assumes responsibility for editorial works such as encyclopedias, dictionaries, teaching materials, large-scale photography albums, etc. The overall copyright belongs to a legal person or an unincorporated unit."
Article 13 of the "Copyright Law" is produced by adapting, translating, annotating, and organizing existing works. The copyright of a work is enjoyed by the person who adapts, translates, annotates, and arranges it, but the copyright of the original work must not be infringed upon when exercising the copyright.
2. Characteristics of compiled works
Collection
It is a number of works, fragments of works, or data or other materials that do not constitute a work gather. The components of the compilation work can be works and fragments of works protected by copyright law, such as papers, entries, poems, pictures, etc., or data or other materials not protected by copyright law, such as regulations, stock market information, telephone numbers, etc. numbers, product quotations, etc. The most typical compilation works are works that exist independently or can exist independently, such as anthologies, anthologies, encyclopedias, dictionaries, photography albums, etc. However, there are also some compilations in which the individual works are relatively independent, such as teaching materials created by multiple people.
Originality
The selection or arrangement of content reflects originality and constitutes the compilation work substantive conditions. Can you give me a collection?Copyright protection for works does not lie in whether the compiled materials themselves are protected by copyright law, but in whether the compiler's selection and arrangement of the collected works have reached a certain level of creation. For example, laws and regulations themselves are not protected by copyright law, but if the compilation of laws and regulations is unique in arrangement and reflects the creative work of the compiler, it can be protected by copyright law as a compiled work. Article 10, paragraph 2, of the TRIPS Agreement stipulates: “Compilations of data or other materials, whether in machine-readable or other form, shall be protected as long as the selection or arrangement of their contents constitutes an intellectual creation. This category does not extend to data or the protection of the material itself, shall not damage the existing copyright of the data or material itself." It uses almost identical words to the TRIPS Agreement to describe the copyright protection issues of compilations of data or other materials. From the perspective of the provisions of these international conventions, it does not matter whether the "data or other materials" in the compilation itself are protected by copyright or how the compilation is read. The most essential characteristic of a compilation is that it should be original in “the selection or arrangement of its contents.”
3. Does the copyright of the compilation belong to the author?
The copyright of the compiled work belongs to the compiler, but when exercising the copyright, the copyright of the original work shall not be infringed. Since the right of compilation is the exclusive right of the author, when compiling other people's works or fragments of works protected by copyright law, the consent of others should be obtained, and the rights of others to publish, authorize, protect the integrity of the work and other rights of the work should not be infringed. Receive copyright rights such as remuneration rights. If a copyright or copyright-related right is infringed, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the infringer's illegal income. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
[Warm reminder]: The editor tells you: the copyright of the compiled work is enjoyed by the compiler, but when exercising the copyright, the copyright of the original work must not be infringed. Since the right of compilation is the exclusive right of the author, the consent of others should be obtained when compiling other people's works or fragments of works protected by copyright law. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
