Research On Copyright Protection Of Practical Works Of Art

The copyright law,as amended in 2020,does not stipulate that works of practical art are independent works,nor does it set a maximum period for or their protection.The reason lies in that the academic and practical circles of our country have not formed a consistent view on the protection of the rights of practical works of art,and there are great disputes on the concrete issues such as the concept and the way of protection.Practical Works of art is a special object,a special result between copyright and industrial property,and the boundary between the two rights also needs to be made clear.How to protect practical works of art scientifically and reasonably is an intellectual property problem worth studying.Practical Works of art,as the name implies,refers to a kind of works that have both practical functions and artistic creation,which reflects the creative ideas and artistic attainments of the creators,therefore,it is theoretically justifiable to grant copyright protection to them.And along with our country intellectual property right protection system unceasing consummation as well as the art domain rapid development,has appeared the massive high value practical artistic work.By setting certain standards,some practical works of art can be brought into the intellectual property protection system,which helps to protect the legitimate rights and interests of creators and stimulate their enthusiasm for creation.But in the current administration of justice,the protection of practical works of art is faced with a series of problems,such as no law to rely on,unclear boundary,indistinct criterion of originality,indistinct criterion of separability,competition and conflict with patent protection,etc..No matter from the angle of artistic creation,visual effect and the historical evolution of copyright law,practical works of art should not belong to one kind of“Works of art”,it is not reasonable to protect in this way.The most scientific and reasonable way is to set it as an independent work for targeted protection.Practical Works of art protection should pay attention to the following two elements,that is,the separation of judgment standards and high standards of originality.The former is mainly for the artistic features and practical functions of the work,should be judged from the physical and concept,that is,the physical sense is inseparable,the concept is separable.The latter should be judged from the perspective of consumers and other subjects to judge whether the artistic features of the work are in fact affected by its practical functions,it can be analyzed and judged by removing its practical function.In the originality of works,artistic characteristics must fully reflect the author’s creativity.This also requires that practical works of art can not exceed the artistic requirements of pure works of art,but also can not exceed the aesthetic requirements of design patents.And in many aspects,such as function and object of right,copyright and design patent have great differences.If practical works of art meet the requirements of both,it is also worth considering whether they can obtain the protection of two rights at the same time,so it needs to be coordinated.Different countries have also adopted different legislative models,and at present,most countries prefer to adopt a dual protection model.With the increasing demand for the protection of practical works of art in our country,we should better protect the rights of creators and encourage their creation,adopt double protection mode.