Architectural Works Copyright The Particularity Research

From Copyright Law of China amended in 2001,the works of architecture listed individually in Copyright Law. With the economic development of China, there is a great rise of cases related to the copyright protection of architectural works, which outlines the importance of studying on the copyright protection of the architectural works. The protection for works of architecture in the intellectual property area remains complete, there are still more questions in the legal theory and justice practice which needs more intensive study.The scope of protection of works of architecture in China Copyright Law is building and structure with aesthetics in China Copyright Law. Such rules are different from Berne Convention and other countries. The scope of works of architecture includes drawing, building model and building though anises. Architectural works are obviously different from other works due to scientificness, artistry, practicality, independent novelty, and so on.The second part focuses on the characteristic of personal right of the architecture works. 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 third part of the paper elaborates the characteristic of property right of the architecture work. To copy works may be in the four ways:from flat to flat, flat to3D, 3D to 3D,3D to flat. Whether to copy from flat to3D and from 3D to flat is defined in copyright law in significant. Cases and decisions have presented a definite conclusion that in effect these kinds of copying are accepted in China. The fair use of architectural works shall be judged not by profits but by fair purposes.For the legislation protection of works of architecture, there are mature pattern in the other country and area, our legislation of copyright law still have more work to do.