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Study On Copyright Of Architectural Works And Its Protection

Posted on:2015-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:S ZhouFull Text:PDF
GTID:2296330422477885Subject:Law
Abstract/Summary:PDF Full Text Request
In the legislation of international conventions as well as other countries andregions,architectural works have been more mature protected mode,"BerneConvention for the Protection of Literary and Artistic Works" explicitly protectedarchitectural works as an object by copyright law.Architectural works which havecomplex property and widely range,have been a special class of object in the area ofthe copyright.Copyright of architectural works is also at the forefront of theexploration stage in the intellectual property system,the research of the copyrightprotection for the promotion of legislation of architectural works not only hasfar-reaching significance, but also has high academic value to improve the researchfield of copyright.The construction industry is the pillar industry of China’s economy,is an economic barometer,and promote the development of related industries.As thepursuit of the ultimate outcome of the product in the construction industry,architectural works was well protected by copyright laws is crucial.Based on a deep understanding of the above, using comparative analysis,caseanalysis,etc,the economic analysis of law, sociology of law, supplemented, the authorsummarizes the basic question of the scope and ingenuity characteristicssystematically, study of copyrighted content of the architectural works in depth, forcopyright protection and related legal issues of architectural works has depth,systematic and comprehensive knowledge and understanding.The author believethat,buildings and structures, architectural designs and architectural models shouldbelong to the range of architectural works,while taking into account the pursuingpractical purposes, in determining the originality of architectural works should beappropriate to reduce the standard, namely on the basis of independent creators haddone over the amount of creation.Architectural works can be used to automaticacquisition system, but considering its own particularity, copyright owners should beencouraged to register and advocate to raises copyright mark for the architecturalworks,while paying special attention to the strict requirements of the copyrightowners qualifications.Although the copyright owners enjoy work personal and property rights, but affected by the characteristics of architectural works,such as issuerights and copyrights to exercise is unique.Once completed architectural works willenter the public domain, so the rational use is necessary, aim of commercial interestsshould be excluded beyond rational use,not only to prevent restraint and hinder thedevelopment of science and technology from copyright owners abuse of power, butalso to avoid the infringement to rights of the copyright owners from the non-rationaluse.
Keywords/Search Tags:architectural works, copyright owner, work personal rights, work propertyrights, tort liability
PDF Full Text Request
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