Research On The Copyright Protection Of Architectural Works

As the urbanization is carried forward, the number of copycat buildings is increasing rapidly these days, which seriously encroaches on the architectural works copyright. The flaws in the related laws, inaccurate definition of architectural works and the lack of a scientific system of torts on architectural works are the subtle reason why the copycat buildings are flooding.Accurate definition of architectural works is the base of the protection on architectural works copyright, since to protect a right we need firstly clear and definite the object to be protected. On one hand, architectural works is a combination of originality and fixity, but current laws in our country lack in specific rule about originality; On another, architectural works can be fixed on many carriers, so the range of architectural works must be wider as well, however, laws in our country confine the range to constructions and structures, not including the related drawing of architectures and the models of architectures, which has brought deficiency to the protection.Reasonable and effective remedy after right is damaged is the core of architectural works copyright protection system works. Nowadays, a quantity of architectures are copied, but few are held accountable by law. This is due not to laziness, but to the lack of related rules in law. Firstly, we need to confirm "substantially the same" and "the doer contacting with the original works" to be the precondition of the tort. Secondly, we need to redefine the type of tort. Finally, to prevent the inflation of right, to improve the construction of the tort system also needs tort liability exemption for certain behavior described in more detail.The author put up some suggestions on improving the architectural works copyright protection system form in the aspect of legislation, administration and justice. In the matter of legislation, we need to make more detailed definition of architectural works, as well as improve the construction of the tort system. In the matter of administration, we need to promote the registration of architectural works copyright and citizen’s awareness on architectural works copyright. In the matter of justice, we need to popularize the trial skills for cases on architectural works copyright among judges all over the country and summarize experience form cases in order to lay a better foundation on how to solve the disputes about architectural works copyright.