Study On The Legislation Protect Model Of Architecture Works

Currently,the copyright protection of architectural works in China has yet to be sufficient.Because little attention is paid to architectural works by law,the legislation on this field is not systematic.The newly revised Copyright Law in 2001 in China has aroused public attention on the copyright protection of architectural works,and disputes over copyright infringement also increase.Based on the current situation,this paper explores the system of copyright protection of architectural works in China.This paper is divided into three parts.Focusing on the features of architectural works,the first part introduces both international and national legislations on architectural works in the comparative way.This part also uses comparative historical method to analyze the protection of architectural works by law in China,and discusses the ought-to-be scope of architectural works,which includes buildings,architectural plans and models.The end of this part focusing on architectural,graphic and model works that are easily confused studies the differences among the three in originality.The second part mainly discusses breaches of copyright and the constitution of responsibility.Combining with typical cases of illegally reproducing architectural works in actual judicial practice,this part systematically analyzes the most common tort of architectural works,in other words,"the violation of the right of reproduction".This part recites both international and national criteria for "the right of reproduction" and further discusses the two conditions resulting in "reproducing" and the forms of "reproducing".This part also sums up the general rules for judging copyright infringement on architectural works.The third part reviews the current situation of the copyright protection of architectural works in China.This part sums up main problems in the copyright protection system from the legislative and judicial aspects,for example,the vague delimitation of architectural works by the current laws,the divergent views on "the right of reproduction",the difficulty in judging the originality of architectural works.This part also offers fine solutions to such problems above from the legislative and judicial aspects to better protect the copyright owners of architectural works.