Research On The Copyright Issues Of Imitation Works

Imitation works in a broad sense can be divided into two types of contact and non-contact works, and non-contact imitation works, which is with the characteristics of attachment, approximation, effective communication, to be specific, can also be divided into two types of creative and copy works. Imitation works is the art of copying from the works of others, but in real life, imitation works has not been limited to the creation of copying to others, among today's art market, the market share of imitation works has been gradually increasing. By imitation works of copyright disputes has also been increased progressively.Whether imitation works shall have copyright has been highly controversial in academic and judicial practice, especially when the copyright law 2001 removed imitation works from the list of "copy". There are 2 elements in determining whether imitation works can have copyright or not, which are replicability and originality. As China's regulations have not been clear when it comes to the standards of the originality, and there are also different criteria in other countries, thus the originality of imitation works has always been the hot issue in academia. Based on the analysis of the composition of imitation works, the creative imitation works is in line with the elements of copyright protection, it can be protected by copyright.The content of copyright of imitation works should be consistent with the common works, but in the course of exercise, it should be noted that whether the original works has copyright. If the original works does not enjoy copyright, then we should only consider the exercise of imitation works itself, but if the original work is still copyrighted, then the exercise of imitation works should also be careful not to infringe the copyright of the original works. In order to protect the art works of others' from being taken by the author of imitation works for their own use, and that entered the public from being abused, we should set legal and judicial limitations for the author's copyright of imitation works.Today, our country's legislation on the copyright of imitation works is not perfect, which has caused the circumstances of copyright infringement to the author of imitation works and the copyright abuse of the author of imitation works himself occurred more and more often. To build a stable market and a sound and reasonable system of imitation works should be without delay.