The Study On Copyright Protection Of Architecture Works

As the intellectual achievements of architects’ subjective initiative and creativity,architecture works should be legally protected undoubtedly. However the case in our country isthat the copyright of architecture works has long been ignored and lacking of systemicprotection. Relative regulations in this field are so rough and simple that it’s hard to executein real business. As a result, more and more disputes about architecture works can not beproperly solved, which heavily harms the architects’ motivation to produce original designs,as well as the long-term development of our country’s urban landscape, citizens’ experienceand the whole construction industry. And it imposes extra burden to the protection ofcopyright and intellectual achievements in China, which hinders the development of Chineseeconomy and international image. On the other hand, an all-rounded protection on thecopyright of architecture works can balance the profits between the society and the architects,which helps to enhance the level of our country’s architecture design and soft power.Therefore, the study on the copyright of architecture works is pressing, and a profoundresearch into related theories and legal practices is of great importance.This research starts from the definition and protection range of architecture works in ourcountry, analyzes the characteristics of architecture, current legal regulations and standards,and look into the specialties of architecture’s copyright contents with reference tointernational conventions and laws in other countries. Taken our national conditions andrelated legal practices into account, this research gives suggestions on the measures to protectarchitecture copyright. Particularly, by clarifying the definition of architecture works,increasing the protection range, setting up a unified standard and strengthening supplementarymeasures, this research aims to improve current legal settings, give guidance to legal practicesand execution, and explore the suitable copyright protection system of architecture works forour country.This research composes of four parts. Part one is the introduction, which contains itsresearching backgrounds, significance, methods and construction, tries to clarify the value ofprotecting architecture works’ copyright, and in turn prove the research value of this topic.Part two is the analysis into the connotation of architecture works. Starting from the conceptand nature of architecture works, it gives original opinions on defining architecture works.Then it distinguishes architecture works from architecture and artistic works, and analyzes thepresent regulations and identification criteria of architecture protection. Part three discussesthe forms of infringements and protection range of the architecture works. Part four including the exercise in good faith of the rights of authorship, alteration and integrity, and thereasonable execution of adaption right. Part five gives suggestions on enhancing the copyrightprotection in this field. The research also points out the in order to improve the copyrightprotection of architecture works, the authority must add the working drawings, architecturalmodels to the protection range, set up unified standards, and strengthen the supplementarymeasures.