Imitation has always been the main way for learning in the field of visual arts,and the product of imitation is also regarded as a replica.Can imitation produce originality? Is the term "Imitation Works" unreasonable at the legal level? These problems are still controversial in academic circles and even in judicial practice.This paper mainly researches on the legal issues related to the copyright of imitation works through four chapters.The first chapter starts from the basic concept of imitation,and discusses the types and characteristics as well as the scope of application of imitation after clarifying the dual nature of "imitation".The second chapter gives a brief introduction to the situation of the imitation in domestic and foreign laws,compares and distinguishes imitation from similar concepts such as copying,creation,plagiarism,deduction and fair use.The third chapter aims to sort out the originality recognition standards of various countries and regions,summarizes the elements that should be possessed by the imitation works that meet the originality,and combine the principles and characteristics of artistic creation to further elaborate what the original imitation works are.The last chapter starts with cases,makes a further study of the legal disputes caused by imitation works in art creation and art market.It makes hypothesis and analysis on the second imitation in embroidery,paper-cut and other special art works,as well as the related conditions that may appear in the development of cultural and creative products,then try to give some useful thoughts for art market practitioners. |