Research On The Copyright Of Architectural Works

As the intellectual achievement architectural designers’creative, architectural works embody the unique artistic expression of architectural designers. It’s a recognized practice that put architectural works into the copyright law in many countries. Copyright Law in China before2001, in other word, before it is revised, architectural works were protected as art works.But, architectural works are regulated as independent object in Copyright Law after2001, and there is specific define of them in The Implementing Rules of Copyright Law. The emergence of architectural works in modern societies and the injection of innovation factors constantly need a perfect protection system. However, the provisions of the protection system of architectural works in our country are too simple to operation. It must be improved on the protection of the architecture designs.The article sets about the provisions of the relevant laws in China, with a reference to the relevant legislation in the international convention and other countries in the world, combined with actual situation and the relevant judicial practice in China to search for a protection system for copyright propitious to our country.This paper falls into three parts, that is, preface, main body and concluding remarks.In the part of preface, it introduces the practical significance, the present research situation about the protection of the copyright of architectural works in the theoretical Circle, and the research method in this article.The main body has4chapters.The first chapter is the summary on architectural works. Based on the definition of architectural works, this paper analyzes the present legislation on the definition of architectural works, as well as discusses the definition of the architectural works, and then puts forward my own opinions. Then, it distinguishes between architectural works and related concept. Finally, it analysis the legal characteristics of the architectural works, namely, artistic, utility, scientific.Chapter2discusses the type of architectural work. This chapter is first studied on international conventions and relevant legislation provisions in some country, and then analyzes related legislation in present situation and points out the shortage in China. Finally, explores the gesollt type for architectural works after the analysis on the regulation in foreign legislation. This chapter insists that the type of architectural work should include but not only include buildings with aesthetic significance, building models with aesthetic significance, building designs reflecting artistry, architecture animation reflecting architecture with aesthetic significance. At the same time, this paper discusses whether the prototype room belongs to architectural works.Chapter3describes the constitutive requirement of architectural works,that is, originality, explicability, aesthetic significance. Regarded to the originality of architectural works, in this chapter, the author has analyzed the understanding in Common Law System and Continental Law System, points out the lack of the recognition in legislation, and puts forward to the height of the creation and judgment method. On the originality of architectural works, it analyzes in allusion to different types. On the aesthetic significance of architectural works, this chapter puts forward different judgment standard according to different types of architectural works.Chapter4interprets the content of the copyright of architectural works one by one. Including moral rights and property rights. The moral rights of architectural works including right of publication, authorship, alteration and integrity. Property rights include Copy Right, Distribution Right, Exhibition Right, Adaptation Right. Architectural works, as a special kind of works, always meet special circumstances in the exercise of such copyright. When the chapter expounds moral rights of Architectural works, it combined with conflict between the different types of architectural works in the exercise, then puts forward some methods to balance the interests. When the chapter expounds property rights of Architectural works, it combines with the own characteristics of the buildings, building models, building designs, architecture animation to analyze Copy Right, Distribution Right, Exhibition Right, Adaptation Right. At last, the concluding remarks looks back on the whole paper and gives a brief summary.