Abstract:Originality is the core element in the judgement of a work. For works and products, whether the crite? rion for differentiation is the presence or absence of originality or the level of originality is much debated in aca? demic and industrial fields. From the logical origin of the two views, the former is a direct provision of the Copy? right Law, while the latter is a deduction of the law and an empirical summary of judicial practice. In terms of the nature of originality, it is a qualitative issue, not a quantitative one, and has nothing to do with the value of a work. It is the presence or absence of originality that distinguishes a work from a product, while the level of originality is determined by the amount of individual expression of the author contained in the work and only af? fects the intensity of protection of the work. Live sports footage is more of a record of objective facts and can hardly be considered original, whereas the re-creation of a video recording of a sports event can give rise to origi? nality and thus be considered a work. Sports footage should be distinguished as a different object, and its legal at? tributes should be accurately identified to give it fair protection.