Research On Copyright Infringement Of Architectural Works

In recent years, China’s construction market downturn, the rapid development of the real estate industry over the previous ten years, a slight decline in recent years. With China’s GDP growth slowed, pulling the economic growth and the need for countries to maintain the stability of domestic economy, restrictions on real estate industry unbundling can hardly be avoided. At present, China’s infrastructure construction of public facilities and the urbanization is speeding up, people’s life aesthetic demand is also increasing. For those who show the city characteristic and the appearance of buildings put forward higher and more stringent requirements. The condensation of the artistic and aesthetic building designers wisdom, put forward higher requirements on the protection of copyright law. This paper focuses on the architectural works infringement discussion on architectural works. Besides the preface and the conclusion, this paper consists of four chapters:The first chapter, an overview of the theory of architectural works copyright foundation. From what is the architectural works, which include the scope of protection of architectural works, and of architectural works copyright related architectural works infringement cognizance. This part firstly briefly expounds the definition of architectural works. Secondly, the scope of protection of architectural works. Finally, we discuss generalized construction works in different stages of acquisition and copyright issues.The second chapter, the architectural works of the constitutive requirements of tort, this chapter mainly from the constitutive requirements of tort. The four elements from the causal relationship between the illegal behavior, damage fact, behavior and damage and the behavior of people there are four aspects of subjective fault to determine whether a violation of the copyright of architectural works. In the process of recognition of the illegality, first identified architectural works has its own originality, this is a necessary condition for the copyright protection of architectural works. Secondly, there is substantial similarity between the infringing works and original works; secondly, requirements of tort and the damage, the causal relationship between the consequences. For the part of the imputation principle, the copyright law of China for the tort liability of copyright of rationality analysis, and discusses the principle of no fault liability for inferring the meaning of architectural works.The third chapter forms the architectural works copyright infringement. This chapter mainly from the architectural works infringe personal rights and property rights in two aspects. The construction works in the infringement of multiple forms of. Personal rights mainly from the right of publication, modification right and the right of protecting the integrity of works of the architectural works copyright infringement are classified, in architectural works copyright infringement of property rights to copy the tort, issue, exhibition tort and adaptation of the right infringement four invasion property started, discusses the several architectural works copyright infringement is more common.The fourth chapter, the architectural works copyright infringement defense. Elaborated the construction work reasonable use system theory and legal license use, copyright failure related defenses in order to enable us to judge a work of architecture is invading the copyright infringement of others works always thinking more comprehensive and more complete.