Journal of Beijing University of Posts and Telecommunications(Social Sciences Edition) ›› 2024, Vol. 26 ›› Issue (3): 23-31.doi: 10.19722/j.cnki.1008-7729.2024.0028

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Judgment Standards of Originality of Audiovisual Works in Digital Era-Facial Special Effects as Entry Point

  

  1. School of Law, Tianjin University of Commerce, Tianjin 300134, China
  • Received:2024-03-05 Online:2024-06-30 Published:2024-06-30

Abstract: In digital era, a variety of new “continuous pictures” emerge, and whether it has the originality of legal audiovisual works depends on how to quantify the “degree” of originality. However, the existing criteria for judging the originality of audiovisual works are difficult to apply because they are too abstract. In order to measure the “degree” of originality of these new “continuous pictures”, the research method of both jurisprudence and technology is used, and comprehensively considering the creation results and the creation process, and through analyzing the typical case of “Dream Cloud” facial special effects infringement case, the following conclusions are drawn: In terms of measurement factors, in addition to the hierarchical expression of facial special effects, the creation content of intelligent human-computer interaction presets should be excluded. In terms of originality criteria, three criteria should be established: focusing on continuous pictures, logical connection of pictures, and dynamic presentation of pictures.

Key words: facial special effects, originality, audiovisual works, continuous pictures, visualization

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