Compilation work refers to the compilation of a number of works, pieces of works or data or other materials that do not constitute a work, and the selection or arrangement of its contents reflects originality. The copyright of a compilation work shall be enjoyed by the assembler, but the exercise of copyright shall not infringe upon the copyright of the original work.
The compilation works have the following characteristics:
It is a collection of works, pieces of works or data or other materials that do not constitute a work. The composition of the compilation works can be either the works protected by the copyright law and the fragments of the works, such as papers, entries, poems, pictures, etc., but also the data or other materials not protected by the copyright law, such as laws and regulations, stock market information, telephone numbers, commodity quotations, etc. In the most typical compilation works, the collected works are independent or can exist independently, such as anthologies, anthologies, encyclopedias, dictionaries, photo albums, etc. However, there are many independent works such as compilation.
The selection or arrangement of content reflects originality, which is the essential condition of composing compilation works. Whether a collective work can be protected by copyright law does not depend on whether the material itself is protected by the copyright law, but whether the selection and arrangement of the collected works reach a certain creative height. For example, laws and regulations themselves are not protected by copyright law, but if the compilation of laws and regulations is unique in layout and reflects the creative work of compilers, it can be protected by copyright law as compilation works. Article 10 (2) of TRIPS agreement stipulates: "the compilation of data or other materials, whether in machine-readable form or in other forms, shall be protected as long as the selection or arrangement of its contents constitutes intellectual creation. Such protection, which does not extend to the data or material itself, shall not prejudice the copyright already existing in the data or material itself. " Article 5 of the copyright treaty of the World Intellectual Property Organization (WIPO) concluded on December 20, 1996 uses almost the same language as trips to describe the copyright protection of compilation works of data or other materials. Judging from the provisions of these international conventions, it does not matter whether the "data or other material" in the compilation itself is protected by copyright or not, and the way in which the compilation work is read does not matter. The most fundamental feature of compilation works is that "the selection or arrangement of its contents" should be original.