Researching On The Copyright Protection Of Commercial Advertising

With economic globalization and the rapid development of electronic technology, commercial advertising is increasingly becoming a corporate promotional product and service perfonnance, Billiton sound of hope, occupy an important marketing tool in the market and the needs of the development of advertising companies for its own competition, have to work hard to create unique creative, literary and artistic beauty can leave a deep impression on the advertising works, so the modern commercial growing beyond a simple function to introduce products and services, and a combination of commercial and artistry. An outstanding advertising, much more than the product manual, and with a high level of artistry, so that consumers accept merchandise in beauty, and thus the combination of advertising creative staff of great wisdom and intellectual labor, advertising, intellectual property protection, therefore increasingly becoming important subject of academic study and practical research. This paper is mainly to discuss the problems of copyright protection of commercial advertising. Reference and related theoretical research and practical experience, discusses the theoretical significance and practical significance of copyright protection of commercial, research methods presented in this article; through the definition of commercial advertising, types and their functions, summarized analysis of the basic characteristics of the commercials; through the creative process of advertising works. To distinguish advertising works and advertising creative, summarized its intellectual property hidden content presented on a variety of different elements, the different aspects of intellectual property protection methods; through the analysis of the concept of copyright works and features discussed advertising works copyright On this basis, to distinguish the broad advertising works and narrowly defined advertising works on the various forms of advertising works as well as to analyze the various elements inherent in the advertising works subject to copyright protection argument meet under different conditions can; through domestic The hot cases occurred in recent years, analysis, the infringement form of advertising works and responsibilities undertaken discussed. This paper discusses the focus is to draw on the relevant theoretical research and legislative experience, analysis of various elements inherent in commercial advertising in the case of meet the different conditions can be protected by copyright, copyright protection is the main type of analysis, and the infringement form of its responsibility commitment. The full text is divided into six parts:The first part is an introduction, learn and compare the relevant theoretical research and practical experience, discusses commercials practical and theoretical significance of copyright protection, proposed research method.The second part is the commercials Overview. First through advertising definition of summarizes the basic characteristics of the commercials, and review of the commercial evolution of the historical process, summarize the basic types of commercials in modern advertising works and advertising creative differences and relations, and by the type of intellectual property protection based on the elements covered in the commercials.The third part is the commercials copyright by the concept of copyright object works its characteristics analysis of advertising works copyright proposed advertising works belonging to one of the work, should be subject to copyright protection;The fourth part is the originality of the commercials, in-depth analysis and research through the significant characteristics of the works of originality, demonstrate a different form of advertising works and the various elements in the ad works subject to copyright protection should meet the originality requirement.The fifth part of the commercial copyright infringement. The start from related domestic commercial dispute over copyright infringement case, the common form of copyright infringement commercials class held with the analysis, the proposed method identified by tort legal action in its responsibility.The sixth part of the conclusion. Mainly commercials inadequacies in copyright protection, the proposed construction of commercial copyright protection envisaged.