Research On The Determination Of Copyright Infringement Of Architectural Works

As China’s economy enters the stage of high-quality development,the construction industry also turns to high-quality intensive development.The state encourages constructing those buildings which is artistic,and more and more original buildings throughout the country become architectural works and enter the scope of protection of copyright law.However,China’s copyright law limits the form of expression of architectural works to buildings or structures.Compared with common law countries,China’s Copyright Law provides relatively narrow protection scope for architectural works,which results in the judicial practice of the infringement disputes of architectural works are often judged as graphic works or model works.Therefore,the protection of "Copyright" law for architectural works has not been implemented,and the rights of copyright owners have not been protected well.Based on this,this paper adopts the research idea of "total-point" to study the identification of copyright infringement of architectural works,and puts forward corresponding suggestions for improving various problems in practice.Through the research on the concept category,legal regulation status and judicial practice status of the object of infringement of architectural works,the existing problems in the determination of infringement of architectural works copy are sorted out.It is mainly manifested in the following three aspects: the identification of "originality" of architectural works is not clear,the judgment standard of "substantial similarity" of architectural works is not unified,and the judgment standard of infringement of architectural works copy is different.The paper is oriented to solve problems.First combined with architectural works practical and functional characteristics of architectural work copyright protection in the study of "originality","originality" degree requirements and building works in the accredited,set architecture originality degree requirements should adopt "low" standard,the originality that range should be "shape + interior design".Then,it studies "substantial similarity",one of the most difficult problems in the identification of copyright infringement.Through the research on the connotation of "substantial similarity",and the analysis and comparison of different identification methods,combining the characteristics of scientific nature and practicality of architectural works,it constructs the four-step determination method of "substantial similarity" of architectural works.It is suggested that the expert evaluation system should be introduced to help judges to solve the difficulties caused by knowledge barriers in the field of architectural design.Finally,through the analysis and research on the judgment of infringement of copy of architectural works,the specific points of the determination of infringement of copy of architectural works are clarified: the scope of protection of architectural works is determined,the boundary of reasonable use is demarcated scientifically,and then the specific path of determination of infringement of copy right is given back to the judicial practice itself.Through the research on the identification of copyright infringement of architectural works,it is expected to provide more extensive protection for the copyright owners of architectural works,stimulate the innovation ability of designers,so that more architectural works can become the cornerstone of the vitality of the city,and create a different image for each city.