Define The Infringement Of Architecture Works' Copyright

Architecture can be likened to fixed music, and also, music can be likened to live architecture. With the development of architecture industry, the work of protecting architectures is not only the focus of many insiders'but also concerning about owners'vital interests. Although copyright law of China listed the architecture works individually, the regulation of architecture works is still rough and short of operatability, therefore, further study and discussion in the legal theory and justice practice is necessary. This paper starts with related theory of architecture works'copyright, and put emphasis on recognizing the infringement of architecture works'copyright.In the first part, it refers to the basic theory of architecture works. Firstly, discusses the concept of the architecture works, and distinguishes them from the architecture and the art works. Secondly, the protection scope of architecture works is considered as the unite of building,architecture plans and building model. Finally, analyses the subject of architecture works'copyright, and discusses the significance of architecture works'protection.In the second part, the paper mainly introduces the representation,character sort and component elements of infringing behavior. Firstly, referring to several cases, the representation of the infringing architecture copyright act is multiform and complex; secondly, by using the basic principles of copyright, discusses the character and the sort of the infringing architecture copyright act; finally, introduces the component elements of infringing behavior:carrying out the behavior which was controlled by architecture works'exclusive rights, without the obligee's permission and legal exoneration reasons.In the third part it focus on recognizing several common infringing architecture copyright behaviors. To begin with, stresses that the judging of works'originality is important to recognize infringing; and then, analyses infringing architecture works'exclusive rights separately. Thereinto, copy is the primary form of infringement, the styles of copy should include the form between plane and solid, meanwhile, distinguishes copy from many similar concepts, such as plagiarize. The infringement of publication right mainly centralize on publicity, whether or not the behavior constitutes infringement, lies on the purpose of publication and the obligee's permission; there are also some particularities on recognizing infringing the right of public exhibition,the right of adaptation and some personal rights behavior.