Research On Copyright Protection Of Works Of Applied Art

The works of applied art is a combination of practical function and artistic beauty,is one of the literary and artistic works protected by Berne Convention,and is protected in varying degrees in the copyright laws of different countries.The third draft of the copyright law in China lists the works of applied art as independent works,however,there are still many controversial issues in the theory and practice of the copyright protection of works of applied art,this paper attempts to draw conclusions through the study of related issues,it provides reference and theoretical suggestion for the judicial practice of works of applied art.This paper is divided into three parts: introduction,text and conclusion.The introduction describes the writing background and practical significance of this article,social demand for works of applied art,by stating the protection status of works of applied art,the basic issues of copyright protection for works of applied art are brought up.The text is composed of four chapters:Chapter one is a study of the existing definitions of works of applied art.First of all,according to the international conventions and the revised draft of China,the concept is defined,and then the approximate and confusing design patent is discriminated,it is logical to conclude that works of applied art must first form a work,and at the same time be practical and artistic,without regard to the three characteristics of the manufacturing behind it.By grasping the definition and characteristics of works of applied art,the paper lays the groundwork for discussing its important elements of protection.The second chapter focuses on the analysis of the differences between works of applied art and the art works,and the need for the protection of their creators’ rights and interests,and demonstrates the necessity of the legal protection of the copyright of works of applied art;it also introduces the principle of dichotomy of thought and expression and the advantages of copyright protection of works of applied art,and demonstrates the feasibility of the legal protection of copyright in works of applied art.The third chapter is a comparative study of copyright protection of works of applied art.First summarizes the practical elements and artistic elements of copyright protection for works of applied art,and then in-depth analysis of the United States,France,Germany and Britain on the work mode of legal protection and judicial practice,by comparing advantages and disadvantages of many countries,provide a legal basis for the search for our law.The fourth chapter embarks from the practice angle,first,in the coordination with the design patent,the author demonstrates that the works of applied art and the design patent are independent of each other,which shows the implementation of the patent of the design patent that has been invalidated and does not infringe the copyright.Then the three steps of the works of applied art are put forward,effect of infringement should be appropriate to exclude practical elements,to determine whether it is a work of art and whether it is original or reproducible,and method of judgment for the possibility of separation and separation of different protection works.