Research On The Copyright Protection Of Architectural Works

This paper discusses three main problems of copyright protection of architectural works under two typical cases of this field. By comparing the different provisions and judicial cases at home and abroad, this paper analyses the scope and requirements of architectural works, and defines the infringement of architectural works'right under the current provisions of architectural works of our country. On this basis,this paper puts forward some ideas and proposals to improve the legislative provision and judicial practice of copyright protection of architectural works.This paper falls into three parts,that is,preface,main body and concluding remarks.In the part of preface,it illuminates the purport of this paper. It introduces architectural works briefly and summarizes the status quo of infringing the copyright of architectural works, from which choosing two typical cases. Author indicates the reasons why the cases of copyright infringement of architectural works are so much complicated, that is the nature of architectural works combining useful function and artistic feature. Then Author summarizes three difficult points through the analyses of the said two cases. It expects to put forward some proposals to improve copyright protection of architectural works in China by researching on the scope and requirements of protection of architectural works and on definition of the infringement of architectural works'copyright.The main body has 3 chapters.The first chapter is"The Protection Scope of Architectural Works". The chapter first introduces the current provisions of copyright law on architectural works. Referring to different provisions of international organizations and other countries, Author generalizes three modes on the protection scope of architectural works. On this basis, Author discusses the scope of architectural works by analyzing the nature of buildings, building models and architectural drawings and the inter-relation between them, and proposes relevant legislative proposals.The second chapter is"The Protection Requirements of Architectural Works". By analyzing the uniqueness of architectural works, the chapter discusses three requirements of its copyright protection. Furthermore, Author analyzes the requirement of originality in detail and clears up its criterions and methods. Then Author reviews China's courts application of the said method in the cases of architectural works in judicial practices.The third chapter is"The Definition of the Infringement of Architectural Works'Copyright". This chapter generalizes several types of infringing architectural works'right of reproduction. Starting from the access and substantial similarity theory, Author introduces two approaches of determining substantial similarity and analyzes the advantages and disadvantages of each approach. Next, Author indicates the appropriate approach which shall be adopted to determine the substantial similarity of architectural works and clears up the steps which shall be taken to the application of the approach.At last,the concluding remarks looks back on the whole paper and gives a brief summary.