Copyright Protection Of Works Of Applied Art

Works of Applied Art are the intellectual products must meet the following requirements: practical applicability, artistic quality, originality, and reproducibility. Chinese Copyright Law does not mention works of applied art. In the relevant cases about works of applied art, there are difference whether to give works of applied art the protection of copyright. In this paper, the author try to clear about the copyright protection of works of applied art by case studies, include the conditions and the scope of copyright protection.This paper consists of three sections.In the part of preface, the first section, the text tell its writing purpose and significance.Body part consists of three chapters:Chapter I talks about what is works of applied art and the copyright protection in judicial practice. The court is of the opinion that to be qualified as works of applied art must meet the following requirements: practical applicability, artistic quality, originality, and reproducibility.Chapter II analyses"the separate identity, independent existence test". Works of applied art may be protected by copyright, and practical function is one of isolated and independent existence of artistic expression. Copyright law does not protect the practical function of works of applied art. Works of applied art protected by copyright is premised on the separation of utility and art. Chapter III selects cases to analysis Practical copyright protection works of art should have the original requirements. And clarify the copyright requirements of practical artistic work of art is different from the general sense of the original copyright requirements. Original requirement of the works of applied art does not clear in judicial practice, the court make its decision. Explain the difference and significance of the copyright protection and patent (industrial designs) protection.The last chapter is the conclusion of the paper. According to the discussion about practice cases, the author sums up the conclusion of"the separate identity, independent existence test"and the requirement of the certain original artistic creation.