The use of modern network technology and scientific and technological methods has broken the traditional transaction model in the use and dissemination of big data, making piracy in the digital age a low-cost dependency that is not limited by time and space, or even sacrificing "creation" for the rapid development of the information society. Facing the lagging problem of the protection of big data resources through legal relief, people are thinking about conflicts and coordination of big data in the protection of copyright law. In order to achieve the purpose of protecting big data rights holders and maximizing social benefits, this paper takes big data and its tenure debate as the starting point, and uses the theoretical paradigm of law economics and legal philosophy to derive the ownership division and value gains of big data. The feasibility conclusion that big data is applicable to the protection of copyright law is drawn. Drawing on the experience and consensus of big data in the legal framework of the common law system and civil law system, deconstructing the benefits and hindrances of the application of copyright law to big data, the paper tries to establish a "data right" or a form compatible with other legal systems to examine the scientific rationality of jurisprudence when facing with modern science, and provide more possibilities for the legal protection of big data.