The most basic of legislation on copyright、The most important concept is "work"，It not only establishes the object of protection and goals of this law -encourage creation，It also determines the internal structural framework of this law and other external laws (such as the Property Law、Patent Law、Trademark Law、Anti -Unfair Competition Law, etc.) The logical relationship。Due to the long -term controversy in judicial practice，Greatly spent social resources，The legal definition of "work" needs to be cleared urgently。The new "Copyright Law" gives a complete definition of "work"，Make up for defects that only extension and no connotation，Give the constituent elements and judgment standards of the work (with originality)，Return to the form logical requirements of the form of "belonging to the species"，Disdo the cycle demonstration of "work is the work"，can be described as a great progress。At the same time，one of the characteristics of "can be represented in certain forms"，It also reflects the ingenuity and wisdom of the legislators -fully reveals the dual -facial structure of the work，It not only refers to the external visual expression form，More inner、Relatively abstract but never -unwanted symbols referred to or ideological content。

In terms of the extension of the work，The new method has changed the original "film works and works created by similar films" to "audiovisual works".，The significance is not just to expand the scope of protection (such as the live broadcast of sports events、Short Bet365 app download video、Music Fountain、New Media Art and Online Games, etc.)，It is evenly the basis for the distinction of the type of work -based on the external expression form of the work，instead of the creative method of the work。At the same time，Completely open the work extension (replaced "law with" other intellectual achievements in line with the characteristics of the work "、Other works stipulated in administrative regulations ")，Make the definition item consistent with the defined item，Emphasized the illegal definition of the type of performance，It is not a copyright element (as long as it is a work，It is not necessary to further analyze which type of work it is，to determine whether it should be protected by copyright)，But may play other functions -different types of work，The corresponding right content、Attribution and its restrictions will be different，This is a positive response to academic research and actual needs，It is worth high praise。

The side of the new law is reflected in retaining the "copyright/adjacent right two points" mode (the right to performers、Recording and video maker right、Broadcasting Organization rights and even book proprietary ownership of books as the fourth chapter of the Copyright Law)，But it did not clarify why the neighbor right (the new law crown "" rights related to copyright ") is not copyright，or the definition of the neighboring right。Learn theory，Some people think that the neighboring right protects the material investment and hard work of the propagators in the process of spreading the work of others，Not protecting the propagated works; some people think that the right to neighborhood is the right to protect the intellectual achievement Bet365 app download with a low degree of originality; some people think，Works different from intangible entities，Protection objects of adjacent rights refer to the substance entity carried by intellectual results，that is "product" or "signal"，But these views have to be logically further considered。

Perhaps the timing of the time in the future can be practiced again，One of the optional solutions is to completely delete the fourth chapter of the Copyright Law，Integrate it into the entire specification system。For example，The reason why performers can enjoy the power of the world，It is because the performance is creation。Similarly，The recording (product) or video (product) that was recorded for the first time is original，is music works or audiovisual works，If it is not original, it should not be protected。and the radio organization independently produced independently produced radio and television programs，It can also be covered by the type of works listed in Article 3 of the Copyright Law。Another，The completely different is，Book publishers did not generate a disposable object based on creation，The reason why "exclusive diploma" can be promoted from one contract debt to "quasi absolute right"，Get his effectiveness，It is entirely due to the clear requirements of legislation。Of course，According to the principle of "publicity"，Book proprietary dealers must pass through the registrar to fight the third person，So，In the future amendment, it may be possible to modify Article 33 of the Copyright Law to: "Book publisher delivered by the copyright owner to the copyright owner，Properly exclusive debit in accordance with the contract，It is protected by law after registration，Others shall not publish the work within the agreed range。”

For the vast majority of webcasts and timely bet365 best casino games playback behaviors，It can be taken by "broadcast right"。Original Copyright Law Article 10 Definition of Broadcast rights，In fact, the use of five works: first，Public broadcast works in wireless ways; second，Publicly disseminate works in wireless ways; third，Communication broadcast works to the public by wired communication; fourth，spread broadcast works to the public by broadcasting; fifth，Through the loudspeaker or other transmission symbols、Sound、Similar tools of images spread broadcast works to the public。It is worth mentioning is，"Wireless" is not limited to "RADIO" (at least it cannot be seen literally)，Therefore, if it is publicly disseminated by the wireless network，belongs to the second situation in the aforementioned。Of course，If it is a wired network，And not the work that has been broadcast，It is difficult to match the above five situations，But at this time, the "mechanical performance right" (as long as the target of the public broadcast is performed) or the "10) item" Screening right (as long as it is through the screener、Slide machines and other technical equipment to publicly reproduce art、Photography、Movies and works created by similar movies)。Take a step back，If there may be "broadcast rights", "mechanical performance rights" and "right to screen" in the case,，Then you should directly determine that you do not infringement，instead of the bottom of the "other right" that can be installed with everything，Because it involves an important legal proposition at this time，Is the judge's free tailoring right to break through the principle of "absolute right to determine"? Or the pursuit of the so -called "case justice"，Can it be at the expense of the stability bet365 live casino games and authority of sacrificing the law? Take a step back，Since the "broadcast right" of the new law has been expanded，Can cover all remote non -interactive works spread，Then there is no need to continue to retain the "other rights" clause of item (17)。

Last，It may also be the hardest problem，How to redesign the exception of copyright，Is the so -called "reasonable use" rule? There are many highlights of this round of revision，In addition to expanding the extension of the reasonable use (such as adding "adaptation、Compilation or played works，Use of classroom teaching or scientific research purposes "" "" Provide by Readers to provide the works that have been published ")，It also clarifies the connotation of reasonable use (that is, it must not affect the normal use of the work，Do not have to reasonably damage the legitimate rights and interests of the copyright owner)，and adding a certain explanation of space with some explanation -law、Other circumstances stipulated in administrative regulations。I agree with these changes to these changes，Because this is not only returned to logic，also conforms to the development situation of the times，Finding the judicial trial to find law、Urgent need for usage。

Someone is worried，If you let go of the situation of "reasonable use"，As far as the business quality of Chinese judges is now concerned，Whether it can be used well is a question。First，Trial practice has actually broken through the limited range of Article 22 of the original "Copyright Law"，and produce positive social effects，The sound of criticism is not much。Next，The business level of the judge is linked to its trial experience，If you do not give free tailor right，The literacy of the judge may never bet365 live casino games be improved。Last，Give a clear constituent element and judgment benchmark，In fact, it is the correct guidance and restraining judges' trial activities。Of course，Not that there is no problem with the new law，The biggest problem is，Article 24 The first sentence (connotation) and the sub -items (extension) listed involved in the "reasonable" substantial judgment standards，For example，This is very likely that there are two situations that the formulars have not foreseeable，That is the contradictions that are applicable to blind spots and rules applicable。If it is not "appropriate reference" but "all copy" but it will not "unreasonably damage the legitimate rights and interests of the copyright owner" (this is the case for a large number of funny imitation cases); Relief performance，At the same time, there is no "unreasonable damage to the legitimate rights and interests of the copyright owner"，Do you support its infringement or defense at this time or not support? therefore，The author recommends that the judge when applying and explaining the law，The essence of "extension" should be reiterated，Just describes the use of the work，instead of painting snakes in a single sub -item, adding substantial judgment standards。

To sum up，Repair method is legislation，Loyalty to the facts of life，But it is higher than the facts of life -it is an abstraction in the standard of life、filtering and tailoring。How to emphasize copyright is private right，How to emphasize that "Copyright Law" is a civil legislation、It is not too much for the referee specifications。Therefore, I recommend，In the next round of revision, it may be possible to "promote socialist culture、The development and prosperity of scientific undertakings and market economy "is Bet365 app download established as the legislative purpose and purpose of the law，Using this as the ultimate guidance of the case trial and value balance。

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