Research On The Protection Of The Copyright Of Architectural Works

Architecture is a solidified music,and music is mobile architecture.With the further improvement of living standards,people have a more expectation on the appearance and layout of the building.However,followed by the problem of building plagiarism,it is increasingly prominent,and the plagiarism of buildings,architectural design drawings,and architectural models is happening,and the copyright protection of architectural works has attracted more and more attention.China’s copyright law protect architectural works as a separate work type,which is distinguished from art works,graphic works and model works.However,China’s copyright law has shortages in the provisions of architectural works,which is mainly reflected in the scope of architectural works,subjects,and blurred regulations.This weakens the protection of copyright in architectural works to a certain extent.Through an in-depth analysis of the subject,object and content of architectural works,this paper attempts to enlighten thinking on improving the copyright protection system of architectural works in China.Besides the introduction,the main content of the paper includes the following aspects:The analysis of the copyright object of architectural works.It expounds the concept and characteristics of architectural works,discusses the provisions of China’s copyright law on the object of architectural works,and through the analysis of the perspective of domestic and foreign scholars and the grasp of foreign legislation and judicial practice,it is pointed out that the limitations of the scope of China’s architectural works have been laid the foundation for other issues discussed below the copyright of architectural works.To sort out the scope of the subject of copyright in architectural works.In this part,the relationship between the relevant subject of architectural works is analyzed.It has identified the positioning of the subject of the parties in the creation of architectural works,and through the study of different rules determined in the subject of the architectural work in different attributes,the limitation of China’s copyright law on the subject of the architectural works is appeared.Starting from different perspectives of the property right of architectural works and the authority right of works,and analyzes the general issues of authority and property rights of architectural works.Through the grasp of core rights features such as register right,copy right,etc.and in combination with the different characteristics of the copyright system of the Continental law system and the copyright system of the British and American law,the shortages related to the contents of the copyright content of China’s architectural works are analyzed.Based on the China’s protection conditions,the author puts forward the corresponding improvement recommendations.Mainly including: clarifying the scope and boundaries of architectural works,which is expanding the scope and clearing architectural works do not apply dual relief rules;improving architectural works subject system,and through the design of the transfer system,the rules of the copyright of architectural works are clear;improving the content of the copyright of the architectural works,mainly including the idea of the relevant systems like the rules of the exercise of register right and the rules of the coordination of the right of modification and the real right,in order to provide reference for the treatment of architectural works in judicial practice.