Research On The Right Of Copying In The Background Of 3D Printing Technology

People have been used to the highly efficient production and convenient life brought by the digitalization in the second decade of 21 th century. As a new type of digital manufacturing technology, 3D printing technology completely breaks the traditional manufacturing mode of production, and liberates manufacturing out of such traditional means as tools, mould, lathe. Thus,complicated processes are made unnecessary and human resources are saved. New technology brings new changes. However, the process of 3D printing dissimilates the action of copy in nature, and a series of disputes on the right of reproduction are raised. There are no cases of infringement on copyright in our country. However, there already have been precedents of such cases in other countries such as America and England. In the respect to the infringement of 3D printing, the Copyright Law of People’s Republic of China(hereafter “the Copyright Law”) has certain limitations. Thus, based on the current situation of 3D printing in our country and relevant provisions and regulations of the Copyright Law, and associated with international treaty and stipulations of laws of other countries, including America and England, this paper is expected to clarify the issue of protecting works of applied arts under the Copyright Law and specify the scope of the right of reproduction. Besides, this paper will discuss the issue of improving and perfecting the system of rational use. The author expects to promote the perfection of the Copyright Law, and protect the legitimate rights and interests of the copyright owner.In the first section, the principles and process of 3D printing and its domestic and abroad situation of development will be introduced. The causation of the infringement of the right of reproduction in relation with 3D printing technology will be analyzed on the basis of its basic principles, associated with two cases happened respectively in America and England on the infringement of copyright.In the second section, this paper will first discuss the status of 3D printing in the process from three-dimension to three-dimension, and then, the definition of works of applied arts will be introduced. Associated with international treaty and the third drafting version of the third time to amend the Copyright Law, the author will discuss the protection of works of applied arts printed by 3D technology, and whether the printing way of from plane to solid is subject to the Copyright Law is discussed by recalling the provisions of other countries. Through analyzing the deletion of Article 52 of the Copyright Law, the attitude towards the right of copy from plane to solid of Chinese authority is discussed. Besides, the author discussed how to determine the printing behavior from text description to three-dimension. To conclude, the author hold the idea that taking into the specialty of the industry of 3D printing, the use of 3D printing technology should be limited to rational use when protected.In the third section, suggestions are made to protect the right of reproduction under the background of 3D printing technology on the basis of discussing the issues contained in above two sections, which include offering advice to the drafting version of the third time to amend the Copyright Law, defining works of applied arts and improving its protection system, specifying the scope the right of reproduction and offering a general criterion on the system of rational use.