著作権の要件としての固定
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概要
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The Berne Convention provides that it is a matter for legislation in the member countries to prescribe whether works shall not be protected unless they have been fixed in some material form. This is one of the so-called compromise clauses between Common Law System and Civil Law System. In the former countries copyright is concerned principally with the tangible medium and in consequence its economic value than the inner merit of works, so the originality is conferred on the labour and kill expended in this respect. Hence, the fi xation and the low hurdle of originality characterise the copyright system of common law countries where the romantic notion of the authors' right is hardly acceptable.
- 名古屋外国語大学の論文