Research On Copyright Protection Concerning Works Of Applied Art

The works of applied art is a kind of work of practical and artistic nature, which is under protection of Berne Convention. Most of the countries have provided copyright protection for it, but Chinese relevant law still keep unclear attitude. This dissertation tires to put forward some legislative advices on its copyright protection by means of comparing and analyzing the legal content and judicatory experiences of copyright law between home and abroad.This dissertation includes preface, text and epilogue. The text is divided into four chapters.Chapter one mainly introduces the definition of works of applied art .It expatiates its basic concept by means of defining and comparing relative notions. Then it discusses the forms of works of applied art in board and narrow sense.Chapter two synthetically discusses the copyright ability condition of works of applied art. It mainly demonstrates the condition of its copyright ability according to the legislation and judicatory experiences of foreign countries. Then it comes to the conclusion that: firstly, the works of applied art shall adopt a loose standard; secondly, its practicability artistry shall be separate and independent; finally, its artistry shall be defined as"aesthetical nature".Chapter three demonstrates how to cognize the infringement of works of applied art. It puts forward the views on the copyright of the infringement of works of applied art according to inducting"two-step analysis", and finally discusses the problem on type of copy from ichnography to three-dimensional.Chapter four mainly proposes some thoughts on constructing a system to protect the copyright of works of applied art. On the basis of arguments and analysis above, it compares judicatory experiences between home and abroad, analyzes the historical process and current situation concerning copyright law protection of works of applied art. Finally it puts forward some legislative suggestion.