1. Originality

A work must be the intellectual achievement created by the author, not plagiarism. Creation is a kind of mental work and intellectual activity, which can directly produce literary, artistic and scientific works. The originality of works in copyright law is different from that in patent law. Creativity in patent law requires novelty, and even requires originality. The originality of a work in the copyright law, as long as it is created by itself, is an intellectual achievement that expresses one's ideas and feelings. Even if the level of the work is lower than that of similar works that have already appeared, as long as it is created by oneself, it should be considered original.

2. Achievements in the field of literature, art and science

Literature, art and science is a very broad field, which can accommodate all intellectual achievements, but the achievements of manual labor do not belong to this field.

3. Copying in a tangible form

Copyright is an intangible property right, and its object (work) has a certain external shape and occupies a specific space. The works protected by copyright law refer to the results of the thoughts, feelings and ideas expressed by the author, rather than the carriers of these thoughts, feelings and ideas. However, the work must be attached to a certain carrier, fixed and recorded in a certain shape, and this shape can be copied in large quantities.

4. The work does not violate the law

A work whose publication and dissemination are prohibited according to law is not protected by the copyright law even if it has the above three characteristics. For example, works that violate China's Constitution and laws, are reactionary or obscene, and no matter whether they conform to the first three characteristics, they cannot constitute the objects protected by copyright law. The determination that a work is legal is mainly based on other laws besides the Constitution.