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Copyright Protection Of Architecture Work

Posted on:2013-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z W ZhaoFull Text:PDF
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At present, most countries have architectural works as the object protected by copyright law and protected by law. In2001, China revised and promulgated the scope of copyright law works, including construction works. China’s legal protection of copyright for architectural works in the stage of just beginning, therefore, in-depth study of architectural works copyright major significance of China’s construction industry.Study found that international conventions and national, the regional division of the range of architectural works there are different definitions. In the study of China’s Copyright Law on the architectural works of the law, should be actively refer to the regulations of other countries and international conventions on the architectural works copyright maturity. Delineation of the scope of construction works in accordance with the law as follows:three parts of the contents of buildings, architectural concept plan and architectural models.For the analysis of the main content of the architectural works copyright. First, content analysis of personal rights in the copyright of architectural works, architectural works of the right refers to the personal rights of the copyright owner of the architectural works, the subjective with the published architectural works of consciousness, the objective in a particular form of implementation of most people are not specific to the known behavior. Second, the architectural works of authorship special exercise the right of authorship, the copyright holder of the construction works on the building, building design and architectural models, but by the the authorship good faith exercise of "restrictions. Finally, the main content of the construction works to protect the right of integrity and the right to amend the architectural works are discussed.Discussed on how to determine the architectural works copyright infringement. Infringement of architectural works belong to the general tort, based on legal damages attributable to the principle should apply "the principle of fault liability rules. In accordance with the view of most scholars, for violations of the constituent elements of the architectural works copyright acts, according to the four elements of said identified. Finally, the different types of construction works of copyright infringement of how the relief measures should be taken.The existing copyright law is not perfect for the legal protection of the architectural works copyright, there are some inadequacies, such as the rights of the content is not clear, not clear range of architectural works, the subject of rights is not clear. Inadequacies of the legal protection for architectural works copyright, the author proposed some specific legal measures to improve, to constantly improve our copyright law to provide a workable legal protection, legal protection for architectural works copyright protection the construction works of copyright, to promote long-term, stable and healthy development of our construction industry.
Keywords/Search Tags:Architecture work, Personal right, Architects’ models
PDF Full Text Request
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