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从已进入公有领域的四句古诗中各抽一句组成的杂糅诗,若具独创性,可算作作品。但其非完全独立的新作品,也非改编作品。虽然其在认定标准及外观形式上与汇编作品有很大相似,但其因句意改变而侵犯原古诗保护作品完整权,违背汇编作品不得侵犯原材料著作权之理念。结合对演绎作品定义的重新审视,杂糅诗可理解为具有汇编作品表征的一类特殊演绎作品。杂糅诗作为演绎作品的保护应为弱保护,以保护公共利益。
From the four have entered the public domain of the ancient poetry pumping a composition of the hybrid poetry, if original, can be regarded as works. However, it is not completely independent of the new works, but also non-adapted works. Although it has a great similarity with the compilation of works in terms of the standard of accreditation and its appearance, its infringement of the integrity right of the original ancient poetry due to the change of the sentence means that the compilation of works must not infringe the concept of the copyright of raw materials. Combined with the reexamination of the definition of deductive works, hybrid poetry can be understood as a kind of special deductive works with the characterization of compilation works. Hybrid poetry as the protection of deductive works should be weak protection in order to protect the public interest.