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On the Originality of Works in Copyright Law

Qiao Li-chun

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Abstract

By studying the notion in cases and statutes in US copyright law,this paper argues that creativity is the key factor of the meaning of originality from the perspective of US Constitution law.It is misunderstood widely in law field that in copyright law means only sweat of brow.The connotation of creativity in is accepted after the Feist Case in 1991.This study provides more precise and objective evidences and understandings on notion in copyright law system,and also on the differences with common law system.

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What this paper is about

By studying the notion in cases and statutes in US copyright law,this paper argues that creativity is the key factor of the meaning of originality from the perspective of US Constitution law.It is misunderstood widely in law field that in copyright law means only sweat of brow.The connotation of creativity in is accepted after the Feist Case in 1991.This study provides more precise and objective evidences and understandings on notion in copyright law system,and also on the differences with common law system.

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Available abstract

By studying the notion in cases and statutes in US copyright law,this paper argues that creativity is the key factor of the meaning of originality from the perspective of US Constitution law.It is misunderstood widely in law field that in copyright law means only sweat of brow.The connotation of creativity in is accepted after the Feist Case in 1991.This study provides more precise and objective evidences and understandings on notion in copyright law system,and also on the differences with common law system.

Key concepts: Originality, Connotation, Creativity, Copyright law, Statute, Law, Meaning (existential), Constitution

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