Legal Issues On Architectural Works' Copyright

As architects'creative intellectual creations, the architectural works reflect the architects'unique architectural creativity. Architectural works are protected by most of countries'copyright law. Since copyright law of china was mended in 2001, the architectural work as a practical and artistic work has been listed clearly in copyright law. But the regulation of architectural works in copyright law of china is too simple and short of operability. Meanwhile, the system of the protection of the architectural works'copyright lacks of deep discussion. Since the theory frame of the system of the architectural works'copyright has not been put up yet, it is obviously unfavorable for the architects to protect their own rights and to develop architectural design industry.This thesis is to study architectural works'copyright and its protection using the basic principles of copyright. It also refers to the legal theory and justice practice of other countries. This thesis also puts forward related legislation advice in accordance with China's actual situations. Besides Introduction and Conclusion, this thesis is divided into four parts,as follows:Chapter one describes the definition and legal characteristic of the architectural works. Firstly, it recommends the definition of the architectural works, then explains the legal characteristic of the architectural works, include the contents of three respects, i.e. artistry, practicability and public.Chapter two discusses the scope of the architectural works. Firstly, it introduces the regulation of the scope of the architectural works in the international convention and some countries'copyright law. And then analyzes the current legislation and weak point of our country regarding the scope of the architectural works. On this basis, I probe into the scope of the architectural works. In my opinion, the scope of the architectural works should include buildings and structures; the designing draft of the building, design drawing of the building, effect picture; building model.Chapter three mainly talks the constitutive requirements of the architectural works. The architectural works should have originality, replicability, and an architectural artistic sense of beauty as a very important characteristic of the architectural works. In this part, firstly, it explains the originality. Secondly, it analyzes the replicability of the architectural works. Thirdly, it focuses on the architectural artistic sense of beauty, which should be independent of utility function.Chapter four firstly analyzes the questions relating to the copyright of the architectural works, e.g."fair use"of the architectural works. And then it puts forward several legislative suggestions on consummating our legal system of copyright law, such as improving the legislation on the scope of the architectural works; setting up relevant neighboring rights of copyright; improving the right of publication; improving the legislation on originality of the architectural works, which is hoped to be beneficial to the construction and perfection the copyright system of the architectural works of our country.