Research On Copyright Protcetion Concerning Works Of Applied Art

The works of applied art, with a variety of forms, is widely found in our daily life and it has great value on artistry as well as practicability. And because of this, it is of some economic value in the market. The works of applies art, under the protection of Berne Convention, has both practical and artistic nature. Most countries in the world have offered copyright protection for it, but in China, the norm of law in this field is still quite hysteretic, so there is much room to be improved in both theory and practice. Based on current situation in China, this thesis aims to put forward some legislative advices on the protection of the works of applied art by researching the concept, features, as well as the standards of international protection and typical protection systems in some countries, and by analyzing Chinese current status of legislation and jurisdiction. In addition to preface and epilogue, the thesis falls into four chapters as following:Chapters one is Definition of Works of Applies Art. The works of applies art is mainly defined by defining and comparing relative notions, making clear its relations and difference with fine art works, artistic handicrafts and design, which is the basic issue of discussing the protection of the works of applied art. This thesis points out that the works of applied art has two related characteristics:artistry and practicability. The artistry is the special condition for the copyright protection of the works of applied art while practicability is the major characteristic that separates the works of applied art from other works of arts with the same artistic value. Therefore, the works of applied art should be given proper protection separately.Chapter two is Legal Standards of International Protection for Works of Applied Art. It analyzes international treaties (such as Berne Convention,Universal Copyright Convention TRIPS) related to the protection of the works of applied art and legal regulations by the related countries (such as America,England,Germany), and it also comments the standards of international protection for works of applied art, and still it compares the legal regulations by the related countries which can be used as a reference for the effectuation of copyright protection mode of the works of applied art in China. Chapter three is Legislation in China Concerning Works of Applied Art. By studying the protection of the legislative and judicial status of the system to later provide the basis for building. This analysis that, China only gave foreign works of applied art a 25-year-period protection without mentioning home protection in Provisions on the Implementation of the International Copyright Treaties in 1992. So Chinese relevant law still keep unclear attitude towards copyright protection for Chinese works of applied art and haven't give effective protection. In judicatory practice, there are contradictions in different court decisions by different courts. Not only do these statuses below the dignity of law, but also make both the judicial department and the parties involved at loose ends.Chapter four is Exploration of Our System of Copyright Protection for Works of Applied Art. By analyzing the principals of protection for works of applied art (such as multiple protections, selective protection),protected mode(single copyright protected mode, hybrid copyright protected mode) and the copyright of the conditions(originality, clarity of purpose creative, artistic, etc.), this chapter concludes that copyright of works of applied art should be under the protection of legislation, the legislation system of works of applied art should be established and improved, at the same time, the recognized standards for infringement should be established. This thesis hopes to provide some references for the establishment of works of applied art system in China, which is also the main focus and practical significance of this research.