Research On Separability Issue Of Works Of Applied Art

Works of applied art have both artistic expression and practical function.At present,Chinese judicial practice has introduced separability to avoid the extension of copyright protection to its practical function.However,in the process of applying separability,there are still many disputes,so it is necessary to refine the interpretation path of separability.This article focuses on separability is divided into four parts to discuss.The first part summarizes separability,starting with the origin and development of separability,clarifying its specific meaning,and explaining its theoretical basis and significance.The second part,based on the current status of judicial application of separability in China,sorts out three ways to deal with the applicability and how to apply separability and summarizes the two major controversies about judgment standards and methods.In terms of judgment standards,there is a dispute over subjectivism,objectivism,and eclecticism.In terms of judgment methods,there are problems in that the identification of artistic expression are ambiguous and the specific judgment methods are not unified.The third part examines separability of the United States and Japan,combines their legislative provisions and classic cases,and concludes the enlightenment and reference for China.The fourth part,based on the actual situation in China,objectively and rationally further examines the judgment standards,improves the rules for the identification of artistic expression,and establishes effective comprehensive judgment methods.