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Copyright Of Architecture Work And Its Rotection

Posted on:2008-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:M N SongFull Text:PDF
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Architecture is fixed music, music is live architecture. Since copyright law of china was mended in 2001, the architecture work as a practical and artistic work has been listed individually in copyright law. This paper is divided into five aspects to study architecture work copyright and its protection using the basic principles of copyright. It also refers to the legal theory and justice practice of other countries.The first part discusses the protection scope of architecture work in copyright law. My viewpoint is that the protection scope of architecture work should cover drawing, building model and aesthetic building. The following questions are studied on above basis. Compared with other works, architecture work is artistic, scientific and technological.The second part mainly talks about how to judge the author of the architecture work. Through listing two cases about copyright, I draw the conclusion that the author of architecture work is architect. I also strongly emphasize the importance of contract between the architecture designer and real estate developer.The third part focuses on the characteristic of personal right of the architecture work. There are mainly two restrictions for the right of authorship for the author of the architecture work. The author is required to exercise his personal copyright with goodwill and should sign his true name.The fourth part of the paper elaborates the characteristic of property right of the architecture work. In this part, I refer to the conflicts between copyright and ownership. In most situations, the copyright should yield to the ownership. I also consider that there are four replicative forms of the architecture work, which are significant to protect the copyright of the architecture work. As far as we concern about the fair use of the architecture work, my opinion is that fair use should not include the commercial purpose.The fifth part concerns about the infringement the woks of architecture copyright and its civil liability.
Keywords/Search Tags:architecture work, author, personal right, property right, civil liability
PDF Full Text Request
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