论续写作品的著作权保护

Protection of the Copyright of Sequel to Literature Works

续写作品的特性有:对原作品的依附性,包括对原作内容和篇名上的依附性、名气上的依附性;自身的独创性:独创性是其最本质的特征,是续写者独立思考独立创新的结果,续写作品与原作品之间有实质性差异,与原作品是可以分离的。续写作品是对原作品的合理使用,并没有侵犯原作者的著作权,应当受到著作权法的保护。

Sequel to literature works has its own creative feature as well as dependent feature. On the one hand, it depends on the contents, the title, and the reputation of the original; On the other hand, it has its essential feature: creative feature. The sequel is the writer' fruit of labor through his own speculation and creation. It substantially differs from the original and can be separated from the original. Although the sequel reasonably makes use of the original works in some aspects, it doesn't infringe on the copyright of the writer of the original, so it should be protected by copyright law.