Sunday, May 24, 2009
Truth That No One Believes...
English Version
(*)Postscript,
From Thesis of Intellectual Property, page 83rd. by Xiong-lin Xiao.
(Ok, the following contents are translated by myself with spoken English or what.)
Creations which protected under intellectual property rights are necessarily required "originality". The Originality only required independent creation,"novelty" is not necessarily required.
Creations which only substantially similar to creations that made by others and have no novelty will not be debarred from the protection of intellectual property rights
[Sheldon V. Metro - Goldwyn Pictures Corp.,81F. 2d 49(Cir 1936 aff'd 309(1946))]
Originality is only a reason why creations is belong to its creator which is independent creation and not plagiarized.
Therefor, even if one creation is absolutely the same as one created before, but it was a result of independent creation and not plagiarized, will also be protected under intellectual property rights.
In other words, Originality here is a relative and comparative concept.
(p.30 Studies of Intellectual Property Rights (1943) by Yoshihini Kido)
{城戸芳彦『著作権法研究』(新興音楽出版社、1943. 年)}
http://www.excite.co.jp/book/product/ASIN_B000JB256M/
This is because, human thoughts and emotions were usually influenced by the past. Based on old cultures added creativity and made a new idea.
For example, western philosophy of Plato was influenced by Socrates.
Immanuel Kant's philosophy was a compromised result between the empiricists and the rationalists.
Beethoven's early works was influenced by Haydn.
In China, Zhuangzi was influenced by Laozi and Mencius was influenced by Confucius.
Japanese epic novel Nansō Satomi Hakkenden by Bakin Kyokutei was a imitation of Chinese classic novel Water Margin by Naian Shi.
(P.63 Intellectual Property Rights (1969) by Keiichi Yamamoto)
{山本桂一『著作権法』(有斐閣、昭和44年)}
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment