On The Legal Protection Of The Copyright Of Architectural Works In China

Nowadays, architectural works have been categorized as a legal object protected byCopyright Law in most countries. the amended China’s Copyright Law specified thatarchitectural works are included in the scope of approved copyright works. However, itis only in the starting stage for China to research on the legal protection of the copyrightof architectural works. Therefore, it is of great significance for the prosperity of China’sarchitectural industry to deeply research on the legal protection of architectural works’copyright. Besides the abstract and the ending, this thesis paper consists of fivechapters.Chapter1clarifies the definition and components of architectural works, whichalso discusses the scope of architectural works. According to the relevant law. Thischapter also compares the difference between architectural works and other relevantconcepts and clarifies the components of architectural works.Chapter2defines the main body and content of architectural works’ copyright.This chapter points out that the architect is the only identity who can conceive andexpress the architectural works. The author of architectural works must be the architector an architecture design institute.It also analyses the content of the an author’scopyright through the perspectives of personal right and property right, and points outthe problems to be noted while defining the main body and content of architecturalworks’ copyright.Chapter3defines the tort liabilities of architectural works’ copyright. It illustratesthe doctrine of liability fixation in case of tort liabilities of architectural works’copyright. Through the analysis of the case of “Porsche Centre”, it elaborates thecomponents of tort liabilities of architectural works’ copyright, as well as raising somepersonal viewpoints on the responsibilities in case of tort liabilities of architecturalworks’ copyright.Chapter4exposes the current situations and problems in our country’s copyrightprotection of architectural works by illustrating the current situations of how ourcountry’s copyright law protects the architectural works’ copyright and analysing themajor problems involved.Chapter5raises some suggestions on how to improve our country’s legalprotection on architectural works’ copyright by drawing on the international experienceand reference. These suggestions are made to solve the major problems in our country’slegal protection of architectural works’ copyright and are based on the specific featuresof architectural works and our country’s realistic situations.