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A Study On Reproduction Right Protection Of Architectural Works

Posted on:2015-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:P F LiuFull Text:PDF
GTID:2266330428951659Subject:Law
Abstract/Summary:PDF Full Text Request
With the growth of China’s economic, people’s cultural level and aestheticrequirements continue to improve, the real estate consumers no longer satisfied withjust building is to provide people from the cold and shelter from the rain, but putforward higher requirements on the architectural works of art. Meanwhile, in order tomeet market demand, a lot of buildings which have artistic aesthetic feeling are builtby real estate developers after meeting the building use function. This enhances thecity diversified aesthetic, greatly improves the image of the city. However, thecrystallization of architects architectural works of creativity are more and more beingillegally copied. This kind of behavior greatly damages the interests of the copyrightowner. Now the voice of the protection of architectural works is higher and higher,how to protect the copyright of architectural works from violations aroused greatattention of the people.In the view of such serious violations of the copy right, starting from theconstruction works copy right infringement status quo. We try to seek the generalmethod of identify the infringement on the basis of understand the mode and content.And trying to come up with suggestions on copyright protection in the legislative andjudicial aspects. This paper consists of three parts:The first part mainly describes the current situation of architectural worksinfringement. After the analysis of two cases with social influence, we try to revealthe main object of architectural works infringement is building, building design andbuilding model. It is the three kinds of object illegal copied by people make thecopyright owner have huge economic losses.The second part is the identification of the architectural works copyrightinfringement, and mainly focused on the analysis of the ways and standards ofinfringing copy. The main way of infringing copies are plane to plane, plane tothree-dimensional, three-dimensional to plane and three-dimensional tothree-dimensional. The infringing copy part is the original part. It is the replicationcaused the infringement works and original architectural works substantially the same. Finally, the author makes a comparative analysis to the two kinds of architecturalworks copy infringement method in judicial practice.The third part describes the necessity of copy right protection of architecturalworks. In views of the deficiency of China’s architectural works copyright protectionin legislation and judicial. The author puts forward some suggestions and tries toexplore ways of civil relief.
Keywords/Search Tags:Architectural Works, Reproduction Right, The Infringing Copies, Originality
PDF Full Text Request
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