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当今时代,续写作品已经日益盛行,而如何对这一行为进行定性和规范也已成为备受学界关注的话题。本文在深入分析续写作品的定义、特征后,认定了独创性是续写作品的本质特征,并在此基础上指出,续写作品是对在先作品的合理使用,该行为应当受到著作权的保护。
Nowadays, the writing of works has become more and more popular, and how to define and standardize this behavior has also become a topic of much academic concern. After deeply analyzing the definition and characteristics of the renewed works, this article finds that the originality is the essential feature of the renewed works, and on the basis of this, points out that the continuation of the work is the reasonable use of the earlier works, and the act should be subject to the copyright protection.