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Define The Infringement Of Architecture Works' Copyright

Posted on:2009-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:F GuFull Text:PDF
GTID:2166360272484218Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Architecture is integrated by technique and art.A perfect architecture work is success of function and technique,even more the success of art. Ordinary people admire the beauty all the time,but architects,who have immense imagination and art creativity,put admiring and creation into usable architecture.Just because this,the copyright law in all countries consider architecture work as a kind of intelligence production,as well as give positive legal protection.The immediate cause for such protection is that architects 'works are often infringed.Architecture work is also a kind of wealth,so it is necessary to protect such wealth.So this thesis will discuss the copyright of architecture work,and will put emphasis on the infringing such copyright.This thesis is made up of five parties which discuss how to protect the copyright of architecture work.The first part mainly talks about the summarize of architecture works. Firstly,author differentiates and analyses the concept of the architecture works in copyright law,distinguishes it from the architecture works in architecture and the art works.Secondly,the author considers the scope of architecture works as the unite of architecture design,building model and architecture drawing.Finally,author cleans up the author of the architecture work in order to ascertain the different author of copyright under different condition.The second part starts to analyze the status quo of infringing the copyright of architecture works from three typical cases.The three cases separately relate to architecture design,building model and architecture drawing,which are typical cases in infringing architecture copyright. Starting with the three cases,then author will show the judge in infringing, damage compensation and so on.The third part introduces the important structure document of infringing behavior.The author considers that there are three important documents——the duplicate works infringing the original creation,the sameness between infringing works and the infringed ones and the cause relation between them.The forth part focus on the especially behavior kinds in infringing such copyright.In this part,the paper stresses the infringing styles——the copy from plane to solid,from solid to plane,from solid to solid,then analyses such copy whether make of the copy in copyright law.
Keywords/Search Tags:architecture work, infringing behavior, structure document, tort recognizing
PDF Full Text Request
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