Study On Issues Of Copyright Protection Of Works Of Applied Art

The works of applied art is a kind of work with practical and artisticnature. Berne Convention ask its member states to protect works of appliedart, but Chinese relevant law still keep unclear attitude toward it. Injudicial practice, the judgment ideas are very different about copyrightprotection of works of applied art, so it is an important topic to research.Based on the cited three groups cases, this paper analyzes three problemsof works of applied art.This dissertation includes preface, text and epilogue.In the part of preface, its writing purpose and significance are told.The text is divided into three chapters.Chapter I mainly talks about the questions whether the objects ofcopyright protection includes industrial products and whether theutilitarian aspects of it can be protected.Then it discusses thecondition of its copyright ability of industrial products，and points outthat works of applied art through industrial production can be protectedby Chinese Copyright Law.Chapter II analyzes “the separate identity”. It syntheticallydiscusses the copyright ability condition of works of applied art, and points out that artistic expression must be able to separate frompractical function to exist independently. Copyright law protects theartistic expression of works of applied art, but practical function ofwhich does not be protected.Chapter III analyzes whether Practical copyright protection works ofart should have the requirement of height of art. Because practicalartistic works of art are different from art works. In the copyrightprotection， the original copyright requirements should be lower than therequirements of art works. But the originality does not require a veryhigh artistic creation.The last section is the conclusion of the paper. On the basis ofarguments and analysis, the author sums up the conclusion of the questionmentioned above.