2012 Min Zhu Su Zi No. 41
|Decision No.||2012 Min Zhu Su Zi No. 41|
|Date||November 28, 2014|
I.Article 7 of the Copyright Act stipulates that “A compilation work is a work formed by the creative selection and arrangement of materials, and shall be protected as an independent work. Protection of a compilation work shall not affect the copyright in the work from which the material was selected and arranged”. So when the selection and arrangement of materials is demonstrative of originality in some degree as well as the personality of the author, it shall be protected as an independent compilation work. Regardless whether protected under the Copyright Act or not, the object of the selection and arrangement has no effect on the protection of the compilation work. What is protected by the compilation work is the creative behavior of “selection” and “arrangement” of materials. As a result, when the author relies on his experience and knowledge to sort, classify and summarize the existing and scattering materials, his selection and arrangement incorporates his individual expression of creation and wisdom. It contains creativity to some degree. And the creativity should be determined as a whole work rather than separate parts.
II.A compilation work is a work formed by the creative selection and arrangement of materials, and thus shall be protected as an independent work. However, what is protected in a compilation work is the creative method rather than the work category. The category and protection of the compilation work shall be the same as the work it compiles.
III.Article 3 Paragraph 1 Subparagraph 6 of the Copyright Act stipulates that “’Public Recitation’ means to convey the content of a work to the public by spoken words or other means.” So it is a public recitation only when the speaker conveys the content of a work to the public directly and completely without any interpretation or creation.
Compilation Work, Public Recitation
|Relevant statutes||Article 3 Paragraph 1 Subparagraph 6, Article 7 of the Copyright Act|
- Release Date:2020-11-13