Identification Of Originality Of Architectural Works

In 2001,the copyright law was revised,and architectural works were listed as one of the objects of protection.More and more scholars paid attention to the related issues,and there were many related research documents.However,most of the existing researches focus on the whole problem of the copyright protection of architectural works.There are few articles devoted to the originality of architectural works or only mentioned as a supplementary problem in the whole research.There are not many inks,not deep research,and even less systematic research.This paper focuses on the research and analysis of the judgment methods and standards of the originality of architectural works in the judicial practice of our country.Combined with the relevant architectural knowledge,typical cases and foreign experience,it discusses the academic interpretation of the originality of architectural works,summarizes the judgment rules and the basic judgment standards of the originality,and tries to build a kind of judgment standard that not only conforms to the basic principles of the copyright law,but also highlights the architecture The original judgment rules of the characteristics of works.The first part of the article starts from the definition of the concept scope of architectural works.Architectural design drawings,architectural models and buildings are only different forms of architectural works,which reflect the appearance of the same building.Different kinds of works have different composition elements and creation rules.Mastering the special nature of architectural works is helpful to better analyze the determination of originality and copyright infringement of works.Different from other general works,architectural works have the characteristics of limitation in originality,diversity in function and unique aesthetic significance.Therefore,the judgment of originality should be different.The second part of the article points out that in practice,the judge is too subjective in the process of determining originality,and has not given specific methods and standards of originality judgment.The lack of originality in the copyright law of our country and the unfamiliarity of judges in the field of construction lead to blindness and arbitrariness in the judicial practice of confirming copyright works and copyright infringement.This paper holds that the judge of originality of architectural works is the only subject,but professionals can be introduced to assist in the process of judgment.The third part of the paper concludes that there are three most representative standards of originality judgment in the world,which are "input skills,labor or judgment","reflecting the author’s personality" and "a little creativity".In China,there is no special provision for this.In judicial practice,it is usually determined according to general works.This paper holds that due to the characteristics of architectural works,there are certain restrictions on the author’s creation,and the requirements for originality should be lower than other general works.In addition,combining with the knowledge of architecture,this chapter holds that creative activities and expression effects are the key factors to make architectural works original.In creative activities,the most critical part is the architect’s idea,conception and expression.In terms of expression effect,it includes the unique idea of perfect integration of building and environment,space and structure,a series of creative use of color and light,and a unique arrangement of architectural details.The fourth part of the article gives some suggestions.In order to improve the judging rules of the originality of architectural works in China,the most critical basis is to make clear the requirements of the originality of architectural works.In the whole process of the originality determination,the elements of "creative activities" must be met,and the works must reflect the author’s own thoughts and a certain amount of creativity.In judicial practice,it is necessary to clarify the judgment methods and rules of originality of architectural works.This paper holds that "three-step analysis method" and "overall comparison method" are relatively reasonable judgment methods.Among them,in the process of identification,the point of view of this paper is that we should divide the degree of creation according to the different forms of expression of the work,and then judge the degree of originality according to the degree of creation,so as to obtain more reasonable judgment results.