Study On Architecture Works' Copyright

With the development of real estate industry, especially after our country jioned WTO, architecture industry already becomes an important part of the national economy. From copyright law of China amended in 2001, architecture works listed individually in copyright law. This measure adaptes the trend of international copyright, but compared with international convention and other country's legislation, the regulation of architecture works in our country's copyright law is too simple and short of operatability.In our country,the study of architecture works' copyright is in the primary stage and worth further study and discussion.Because of its complex characters and wide range , architecture works is regarded as a specific object of copyright law. Consulting the legislation about architecture works listed in international conventions and other countriy's mature patterns, analysing the frame system of our country's copyright law, using the principle of copyright law, uniting classic cases, the paper tries to structure an entire system of architecture works' copyright and its protection .The full paper is altogether divided into five parts. The first part talks about the outline of architecture works .The first section introduces law resources of architecture works' copyright, including home and international's. Then the second section analyzes the circumscription of architecture works in copyright law. In order to perfect our country's copyright law, this section emphasizes such problem as follows:the definition,the nature,the character and the range of architecture works in copyright law. From the second part to the fourth part, consulting the frame system of our country's copyright law and uniting classic cases ,the paper discusses the gain and adscription,the content and the restriction of architecture works. In order to give prominence to architecture works' particularity, architecture works' copyright holders,multiform architecture works' adscription and personal and property rights of architecture works are specially discussed in these parts . The final part is also the emphasis, mainly attended on the protection of architecture works. With the discussion of the infringement and relief of architecture works' copyright, the kinds of infringement,the responsibility principle and the civil responsibilities are especially discoursed upon. Analysing the deficiency and shortcoming of our legal system of architecture works,the author raises the suggestions on strengthen the protection of architecture works', from consciousness, legislation and judicature aspects.