Study On Copyright Protection Of Architectural Works

In order to adapting China's legislation of copyright law to the international trend, a newly amended Copyright Law of China, which put architectural works under the protection of the law, has been promulgated and has gone into effect since 2001. And in the "Implementation Regulations of Copyright Law", the concept of architectural works and the scope of protection were well-defined. However, due to the complexity and distinctiveness of architectural works as both creative works of art and practical functional works, there still exists gaps between our country architectural works copyright protection system and international convention and other country's legislation. In our country, the legislation in question is relatively simple, lack operationality and need to be perfected.Referred to international conventions and other countries'architectural works copyright legislation and judicial practice, this paper is divided into four parts to discuss architectural works copyright protection by the basic principles of copyright law.1. An overview of architectural works. To begin with, this paper introduces a variety of academic definition of architectural works and clarifies the meaning of copyright and law the concept of architectural works from the perspectives of architecture, aesthetics and law. Then, it compares and analyzes the legal definitions of architectural works all over the world to get the reasonable definition of architectural works suggested in this paper.2. The protection scope of architectural works. First, by analyzing the protection requirement of architecture works, this paper puts forward the standard of architectural works'limited uniqueness and confirms the rationality of architectural works protection. After over construction works based on the analysis of the essence, put forward building works copyright protection granted scope shall include building and design and architectural model.3. The status quo of architectural works copyright protection. On the basis of case studies, this chapter elaborates on the application of various methods of tort relief for architectural works under current Chinese copyright law system. In the meantime, in this chapter, author put forwards tort relief methods for ceasing infringement before appealing in architectural works Infringement and highlights the rights limitation of copyrighter in architectural works Infringement.4. Proposals for perfecting the copyright protection of architectural works. In this chapter, author puts forwards for improving the status quo of the protection of architectural works' copyright on the basis of the discussion above about the insufficient protection of architectural works'copyright.