作品独创性“高低”标准的法律适用

The Legal Application of the Standard of “High or Low” Originality of Works

对于独创性的判断究竟是“有无”还是“高低”的标准,一直是理论界和实务界争议的热点问题。根据著作权法的立法目的,应严格确定独创性的判断标准,适当提高著作权的门槛,因此应将独创性的判断确定为“高低”的标准,并将主观和客观两个因素纳入独创性高低判断的考量范围,给予独创性教导较高的作品著作权的保护,以邻接权保护独创性较低的智力成果。

Whether to judge originality is the criterion of “with or without” or “high or low” has always been a hot issue in the theoretical and practical circles. According to the legislative purpose of the copyright Law, the judgment criteria of originality should be strictly determined, and the threshold of copyright should be appropriately raised. Therefore, the judgment of originality should be determined as the standard of “high or low”, and subjective and objective factors should be included in the consideration of the judgment of originality, and copyright protection should be given to the works with high originality teaching, and the intellectual achievements with low originality should be protected with neighboring rights.