英文摘要 |
The requirements of copyright law on the recognition of a work are mainly reflected in the ideal expression dichotomy and the rule of originality. In judicial practice, there is arbitrariness in the application of the rules for recognizing works by judges. This is because the existing rules based on Romanticism and New Criticism methodologies have limitations in recognizing works. Improving the recognition rules of works requires exploration at the methodological level. Compared with the existing methodology, the semiotic methodology has a more systematic and comprehensive understanding of the relationship between idea and expression, and its understanding of works is not limited to the text, but focuses on the impact of social context on the meaning of works. According to this theory, works protected by copyright law should contain both ''social'' and ''individual'' aspects. The expressions that are distinct from ideas and original contents in a work exist in its individuality, which requires not only that the expressions of the work cannot be equated with the common understanding of society, but also that the ideas of the work reflect the author's personalized interpretation of the common social understanding. The common social understanding is at the core of the recognition of a work, and judges should understand the common social understanding in a broader context, including cultural traditions and dominant values. |