The most basic legislation regarding copyright、The most important concept is “work”，bonus bet365 not only establishes the protection object and purpose of this law-encourage creation，bonus bet365 also determines the internal structural framework of this law and its relationship with other external laws (such as property law、Patent Law、Trademark Law、Logical relationship of Anti-Unfair Competition Law, etc.。Due to the long-standing controversy in this aspect in judicial practice，A great waste of social resources，The legal definition of “work” needs to be clarified urgently。The new Copyright Law provides a complete definition of “work”，bonus bet365 makes up for the defect of only denotation but no connotation，Gives out the constituent elements and judgment criteria of the work (bonus bet365 has originality)，Returns to the formal logic requirement of “genus plus species difference”，Abandoned the circular argument of "a work is a work"，bonus bet365 can be said to be a great progress。Meanwhile，Taking "can be expressed in a certain form" as one of the characteristics of the work，bonus bet365 also reflects the ingenuity and wisdom of the legislator - fully revealing the double-sided structure of the work，bonus bet365 does not only refer to external visual expressions，More inclusive、Relatively abstract but never nihilistic symbolic reference or ideological content。

In terms of the extension of the work，The new law changes the original "film works and works created by methods similar to filmmaking" to "audiovisual works" which is also a big step forward，The significance is not only to expand the scope of protection (such as live broadcasts of sports events、Short video、Musical Fountain、New media art and online games, etc.)，What’s more, it unifies the basis for distinguishing types of works - based on the external expression of the works，Rather than the creative method of the work。At the same time，Completely open the extension of the work (replace "law" with "other intellectual achievements consistent with the characteristics of the work"、Other works specified in administrative regulations”)，Make the defining item consistent with the defined item，Emphasis on the non-legalization of the type of expression of works，bonus bet365 not a copyrightable element (as long as bonus bet365 a work，There is no need to further analyze what type of work bonus bet365，To determine whether it should be protected by copyright)，But it may play other functions - the performance types of the works are different，Corresponding rights content、Attribution and restrictions may vary，This is a positive response to academic research and practical needs，Deserves high praise。

、Audio and video producer rights、The right to broadcast organizations and even the exclusive right to publish books are listed separately in Chapter 4 of the Copyright Law)，But bonus bet365 does not clarify why neighboring rights (the new law is titled "rights related to copyright") are not copyrights，Or give the definition of adjacent rights。doctrine，Some people think that neighboring rights protect the communicator’s material investment and hard work in the process of disseminating other people’s works，Instead of protecting the work being communicated；Some people think that neighboring rights are rights to protect intellectual achievements with a low degree of originality；Some people think，Works other than immaterial entities，The object of protection of neighboring rights refers to the material entity that carries the intellectual achievements，i.e. "article" or "signal"，But these views need to be further logically scrutinized。

Perhaps the time will come when the time comes to practice again in the future，One of the options is to completely delete Chapter 4 of the Copyright Law，Integrate it into the entire normative system。For example，The reason why performers can enjoy the right to the world，Because performance is creation。Similarly，A sound recording (production) or video recording (production) made for the first time if bonus bet365 original，bonus bet365 a musical work or audio-visual work，If bonus bet365 not original, it should not be protected。Original radio and television programs independently produced by broadcasting organizations，It can also be completely covered by the types of works listed in Article 3 of the Copyright Law。Also，Completely different from this，The book publisher does not create a disposable object based on creation，The reason why "exclusive publishing rights" can be upgraded from a contractual claim to a "quasi-absolute right"，Get exclusive effect，bonus bet365 entirely because of the clear provisions of the legislation。Of course，According to the principle of “publicity and trust”，The exclusive publishing rights of books must be registered before they can be used against third parties，Therefore，In future amendments to the law, Article 33 of the Copyright Law may be revised to read: “The book publisher shall pay the copyright holder for the work delivered for publication，Exclusive publishing rights as agreed in the contract，Protected by law after registration，Others are not allowed to publish the work within the agreed scope。”

Targeting most online live broadcasts and scheduled playback behaviors，can be covered by "broadcasting rights"。Definition of broadcasting rights in Article 10 of the original Copyright Law，In fact, there are five situations of use of works: First，Public broadcast of works by wireless means；Second，Public dissemination of works by wireless means；Third，Communication of broadcast works to the public by cable transmission；Fourth，Communication of broadcast works to the public by rebroadcasting；Fifth，Via loudspeaker or other transmission symbol、Voice、Image-like tools for disseminating broadcast works to the public。bonus bet365 worth mentioning，“Wireless” is not limited to “radio” (at least this limitation is not visible literally)，So if the work is publicly disseminated via wireless network，belongs to the second situation mentioned above。Of course，If bonus bet365 a wired network，And the work being disseminated is not one that has already been broadcast，bonus bet365 more difficult to match the above five situations，However, at this time, the "mechanical performance right" in Item (9) of Article 10 of the original Copyright Law can still be applied (as long as the object of public broadcast is a derivative work after performance) or the "Right in Item (10)" of Article 10 of the original Copyright Law "Right of projection" (as long as bonus bet365 through a projector、Slide projectors and other technical equipment publicly reproduce art、Photography、Films and works created using methods similar to filmmaking)。Take a step back，If there may be circumstances in the case where "broadcasting rights", "mechanical performance rights" and "screening rights" are not applicable，Then it should be directly determined that there is no infringement，Instead of using "other rights" that can pretend to be anything，Because this involves an important legal proposition，That is, whether the judge’s discretion can break through the principle of “absolute statutory power”？In other words, the pursuit of so-called "case justice"，Can it be at the expense of the stability and authority of the law？Take a step back，Now that the “broadcasting rights” of the new law have been expanded，Capable of covering all remote non-interactive works dissemination activities，Then there is no need to continue to retain the "other rights" clause in item (17)。

Finally，Probably the most difficult question，How to redesign the copyright exception system，The so-called “fair use” rule？There are many highlights in this cycle of practice，In addition to expanding the scope of fair use (such as adding "adaptation、Compile or play published works，For classroom teaching or scientific research purposes”, “providing published works to people with dyslexia”, etc.)，bonus bet365 also clarifies the connotation of fair use (that is, bonus bet365 shall not affect the normal use of the work，bonus bet365 must also not reasonably damage the legitimate rights and interests of the copyright owner)，And added a blanket clause with a certain room for interpretation - law、Other situations stipulated in administrative regulations。The author fully supports these changes，Because doing so not only returns logic，And bonus bet365 also conforms to the development trend of the times，Satisfied with judicial trial and finding methods、Urgent needs of usage。

Some people are worried，If the applicable circumstances of "fair use" are relaxed，In terms of the professional quality of judges in our country，Whether it can be used well is a question。First，Trial practice has actually already exceeded the limited scope of Article 22 of the original Copyright Law，And produced positive social effects，There are not many critical voices。Secondly，A judge’s professional level is linked to his trial experience，If discretion is not given，I’m afraid the quality of judges will never be improved。Finally，Give clear components and judgment criteria，In fact, bonus bet365 to correctly guide and restrict the judge’s trial activities。Of course，This does not mean that there are no problems with the new law，The biggest problem is，The first sentence (connotation) of paragraph 1 of Article 24 and the sub-items (denotation) listed all involve the substantive judgment standard of "fair use"，Such as "appropriate citation", "inevitable reproduction or quotation", "a small amount of copying", "use within a reasonable scope", "free performance", etc.，bonus bet365 very likely that there will be two situations that the planners did not foresee，That is, the blind spots in the application of rules and the contradictions in the application of rules。If bonus bet365 not "appropriate citation" but "copying in full" but it will not "unreasonably harm the legitimate rights and interests of the copyright holder" (this is the case in a large number of parody cases)；Another example is a disaster relief performance that charges tickets to the public to raise funds，At the same time, there is no "unreasonable damage to the legitimate rights and interests of the copyright holder"，Do you support its infringement defense at this time or not？Therefore，The author suggests that judges should apply and interpret the law，The essence of "extension" should be reiterated，Only describe the use of the work，Instead of superfluously attaching substantive judgment criteria to a single sub-item。

In summary，Amending the law is legislation，Be true to the facts of life，But bonus bet365 higher than the facts of life - bonus bet365 an abstraction of the facts of life in a normative sense、Filtering and cropping。No matter how we emphasize that copyright is a private right，It cannot be emphasized enough that the Copyright Law is civil legislation、The refereeing standards are not excessive。So the author suggests，In the next round of law revision, perhaps "promoting socialist culture can be included in Article 1、The development and prosperity of scientific undertakings and market economy” is established as the legislative purpose and purpose of this law，Use this as the ultimate guide for individual case trials and value weighing。

　(Author’s unit: bonus bet365 School of Minzu University of China)