What are the characteristics of copyright law
1. Original works must be the intellectual achievements created by the author, not Plagiarism is plagiarism. Creation is a kind of mental work and intellectual activity that can directly produce literary, artistic and scientific works. The requirements for originality of works under copyright law and creativity under patent law are different. Inventive step in the patent law requires that the invention must be novel, and even must be the first of its kind. The originality of a work in the copyright law, as long as it is created by oneself, is an intellectual achievement that expresses one's own ideas and feelings. Even if the level of the work is lower than the level of similar works that have already appeared, as long as it is created by oneself, it should be deemed to have originality.
2. Achievements belonging to the fields of literature, art and science The field of literature, art and science is a very broad field that can accommodate all intellectual achievements, but The fruits of physical labor do not belong to this realm.
3. The ability to copy copyright in some tangible form is an intangible property right, and its object (work) has a certain external shape different from the object of tangible property rights. , occupy a specific space. Works protected by copyright law refer to the results of the thoughts, feelings, and concepts expressed by the author, rather than the carrier of these thoughts, feelings, and concepts. However, the work must be attached to a certain carrier, fixed and recorded in a certain shape, and this shape can be copied in large quantities.
4. Works that do not violate the law and are prohibited from publication or dissemination according to law are not protected by copyright law even if they have the above three characteristics. For example, works that violate our country's constitution and laws, have reactionary or obscene content, regardless of whether they meet the first three characteristics, cannot constitute objects protected by copyright laws. To determine that a work is legal, in addition to the Constitution, the publication law is mainly based on other laws and can also be used as a basis.
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