Study On The Copyright Issues Of Imitation Works

Whether in the intellectual property community or in the art world, the issue of the copyworks copyright is not a fresh subject. However, because the lack of artistic disciplinesbackground, intellectual property scholars often cannot understand the true meaning of art,the intellectual property community of imitation works copyright problem is tantamount toattempt an ineffective solution. The understanding of law community of the work of art isoften surface and they can’t combine the copyright originality principle and artcharacteristics in effectively. Because it is difficult for theory of the law to give correctguidance about the problem of copying works copyright, in the judicial practice ofcopyright dispute case decisions biases which is also inevitable. There are great differentamong different kinds of art works. Among them, the characteristics of Chinese calligraphy,Chinese painting works are the most distinct, and has the most abundant connotation.Therefore, this paper tries to take calligraphy, painting copying arts as the focus, startingfrom the features of arts own, and with the necessary conditions of the original copyright,which provides a new idea for the study of copying works of art can be the copyrightproblem. In the article tried to put forward of subjective and objective standards of thecopyright of copy works judgment. If only this paper can give a little help to solve theproblems of the theory and practice of facing our country can copy the works of copyrightissues.In the introduction part I will put forward the view that the solution of the copyright ofimitation works in China which the current theoretical research plight must be combinedwith knowledge related discipline theory.The first chapter will introduces the basic questions about copying and imitation works,such as the concept and the classification and characteristics. This is the basic prerequisiteof imitation works of copyright; The second chapter is the analysis of painting andcalligraphy imitation works originality. In the first section of this chapter I will introducethe relevant legislation and theory. The second section I will introduce the theory about theoriginality of foreign. Because of China’s Taiwan region and China continent have manysimilarities in calligraphy, painting and traditional culture, therefore the third section will beseparately listed. After comparison and analysis and combined with the judicial practice, achoice will be made. The basic position and then establish the qualified copying the worksof calligraphy and painting can enjoy copyright. In the third chapter, firstly, on the basis ofthe analysis about the former two chapters, combined with the some copyright infringement dispute case, try to put forward the judging standard copy originality and objectivestandards. And proposed the view about the introduce to the expert witness system. Thefourth chapter will combine the particularity of imitation works, the protection andrestriction of imitation works. The conclusion from the above analysis of imitation workscopyright problems only in follow the originality principle as the center of basic artaesthetic views on the basic ideas, specific analysis of specific issues, as well as from thepresent position it as the basic point of adaptation works more appropriate.