Studies On Moral And Property Rights In Works Of Architecture

Compared with other ordinary works, works of architecture appear much extraordinary in intellectual property due to their pragmatic, artistic, scientific and technological characteristics. A newly amended Copyright Law of China has been promulgated and has gone into effect as of October 2001. One of the amending is to put explicitly works of architecture under the protection of the Law. The change adapted China's legislation of copyright law to the international trend, while it also challenged us in the relevant theory and practice, in which we still have a long way to go. Based on the basic theory of copyright and referring to the relevant legislative thoughts and legal provisions of western countries, this thesis studies on some specific problems of moral and property rights in works of architecture within the scope of Copyright Law of China, in line with the characteristics of generalized works of architecture (including physical buildings, architectural drawings and building models).Chapter Two of the thesis first focuses the discussion on the special problems in practicing and restricting the moral rights of architectural works, which includes authorship right of architectural works, personal identity disclosure right, the right of publication and the right of revision. Based on the analysis of the technological standard requirements in engineering design and general procedural requirements in real estate developing, the view is held that the author of an architectural drawing should limit his rights to affixing his real name, affixing his name at the specified location and practicing his authorship with good faith, and that the author of an architectural drawing for bidding purpose or involved with important national confidential information should limit his disclosure right of personal identity in a certain period of time according to law. In the aspect of publication right of architectural works, the author argues about the disclosure timing through analyzing the process of bidding and the performance of entrustment contract. In this Chapter, the author also illustrates the conflicts between exercising the revision right and integrity protection right of the architectural works and non-transferability of the moral rights of the works, and then makes his comments on two methods of conflict mediation. Chapter Two finally focuses its attention on the reasonable restriction and counter-restriction rules in the revision right and integrity protection right of architectural works.In Chapter Three of the thesis, some specific problems of property rights in architectural works are studied. In the aspect of reproduction and reproduction right, two reproduction types of architectural works, i.e. reproduction between two-dimensional carriers and reproduction between two- and three-dimensional carriers, are expounded. In the discussion of the first type of reproduction, emphasis is put on two specific methods, one being the transfer between different indication ways shown in sketches and formal construction drawings and the other being vectorized treatment of graphs through electronic computer. In the discussion of the second type of reproduction, the judgment of legitimacy of free reproduction is processed. Then, the exhaustive analysis is made on the provision regarding one way to fair use of artistic works in the Copyright Law of China, that is "copying, drawing, photographing or video-recording of works of art being sited or displayed in outdoor public places." And the suggestion of proper understanding and application of the provision is made. In the aspect of studies on deduction and deduction right of architectural works, Based on the basic definition of various means of deduction including adaptation, annotation and translation, and through the analysis of construction drawings of different type of work in production and the originality of "translation" between different engineering drawings, the thesis comes to the conclusion that architectural drawings for construction are t...