Copyright Protection Of Architectural Works

Architecture is the crystallization of the wisdom of people,need to carry on the protection law,to protect the copyright of architectural works is the most important is to protect the interests of the copyright owner of the copyright owner of copyright should be enjoy their works,the copyright law to protect the rights of the architectural works of designers,make its have the publication,reproduction,distribution and other rights,other than the copyright owner wanted to use the author's work should be carried out the consent of the author or financial payment,so to protect the economic rights and spiritual rights of the copyright owner,fundamentally has played a vital role.Followed by the rights and interests protection of building owners.Architectural works of the final product is building itself,the copyright owner and the building owners usually is not the same person,but in the end by outside the body of the copyright owner enjoys the ownership of the buildings,only clear the ownership of the copyright owners and the scope of their respective rights,clear the main content of person and property,to help protect the ownership of the owner of the exercise,and direction in the dispute resolution on architectural works.Furthermore is to encourage innovation,promote the construction of material civilization and spiritual civilization in China,innovation is the specific requirements of the eighteenth big in our country,reform important content,is now supply side of a country developed or not depends largely on the national innovation consciousness,appeared on the international status of a country but also on innovation,to protect the copyright of architectural works manufacturing power to encourage innovation is conducive to China's development and the rule of law of social development for a long time.The author in view of the significance of protection the paper is divided into four parts.The first part of the paper mainly introduces the connotation of architectural works and its legal characteristics.This part mainly from theory and legislation regulations were analyzed,and aims to clarify the meaning of architectural works,explains what is architectural works,from the source to determine its connotation and extension.Article 5 of the our country's copyright law to define architectural works again,obviously,our country to textual research on the legal thought after thought to expand the scope of architectural works,shall be to the connotation of the generalized to further broaden the scope of protection of its copyright.The author believed that to adopt the generalized meaning of architectural works is the inevitable choice of our country economy development,and the making of architectural works to the various stages of the product is divided into the same category,along with all the architectural works as a complete system to rules,to comprehensively to the architectural works in China.Similarly,in order to effectively protect the copyright of architectural works,will have practical significance to expand the scope of the architectural works,architectural works should in theory of law connotation and corresponds to the law.The second part of the thesis expounds the architectural works shall be protected by the content and mode.This part introduces the architectural works of personal rights and property rights,personal rights content of architectural works is born with the works,the author's exercise of rights including yes or no two modes,giving the final purpose is to protect the rights of the author's creation,respect the author's intention,to a great extent,is the biggest reflect respect for and protection of rights.Innovation in our country,of course,the development of the society are also encouraged to produce more works to meet the people the enjoyment of the material world and spiritual world.Form of property rights,the author thinks that architectural works,its property rights content is different also,mainly involves the copy rights,distribution rights,and rights.Protected mode there are two main types,one is copyright protected mode,is a separate legislation protected mode.In separate legislation to protect the legislative model of architectural works around the world is less,but this is also a trend,when a law is mature and legal environment suitable cases,there will be more,choose the country or region to this model a more comprehensive protection to the copyright of architectural works.But our country legal environment not mature enough,I suggest continue to use copyright law protected mode.The third part of the thesis introduces our country's copyright law protection of architectural works,the main scope is not clear,the main body definition is not clear,and infringement and to carry out the problem.It further illustrates the copyright management system,the copyright collective management system of our country to some extent of copyright infringement punishment to carry out the practice significance,it is the bridge between copyright owner and user of copyright,in the case of architectural works copyright infringement,able to quickly find the infringer and legitimate exercise of rights reasonably.Copyright management system model is the protection of copyright implementation of the relevant provisions of the German and the law entrust exercise related rights of the copyright collective organization,by the collective organization and compensation issues such as users communicate,our country also introduced the collective administration of copyright ordinance,but because of copyright collective management organization of our country is relatively small,and for the author discusses the copyright of architectural works is not a professional organization for management,therefore,how to draw lessons from foreign related legal right is should be in-depth study of current problems.The fourth part of the thesis is aimed at defects put forward my own solution.The author emphasized the copyright registration system to solve the problems of the subject and scope,in that the author thinks that,the first thing to determine the components of the architectural works of copyright infringement.Again according to the specific way of tort way to determine the punishment is mainly given priority to with compensation.Architectural works in our country legal protection in the copyright law has made certain progress,the author again to his own thoughts,believe in the near future,architectural works shall be protected by the law will be more perfect.