Copyright Protection Of Works Of Applied Art

To cater to the pursuit of beauty, the real products in our daily life havecombined with a lot of art and design elements. The protection of real products comesinto a fuzzy zone of the protection of the copyright and the protection of design patent.From the perspective of the copyright, works of applied art is a special kind ofproduction, which combined artistic creation with practical function. ChineseCopyright Law does not mention works of applied art. And during the judicialpractice, Courts always have some controversy about the judgment standard of worksof applied art and whether to give it protection of copyright. The copyright protectionof works of applied art, therefore, is worthy to study. The author writing this thesisaims at teasing out the protection trail of the works of applied art from the perspectiveof copyright.Firstly, the thesis defines the concept of practical works of art. And then in theform of combining theory with case analysis to discuss the protection of copyright inworks of applied art, clear the condition with which real products can be included inthe copyright protection and its range protected by copyright. Finally, give somesuggestions to the works of applied art under the copyright protection as well asamendment of Chinese Copyright Law.Chapter I mainly talks about basic question of copyright protection of works ofapplied art. Summarize the concept and characteristics of the works of applied artfrom following aspects: academic research, convention, views on international anddomestic point of view. Analyze the relations between the works of applied art and artworks, by making a comparison.Chapter II analyzes some case to conclude the standard and rang that works ofapplied art can be protected by copyright law. The author analyze “the separateidentity”through American case.In this chapter, Itry to discusses the condition that general things became works of applied art,aimingto point out that artisticexpressions must be able to separate from practical function and are abletoexist independently.In the chapter III, case analysis is intended to illustrate the requirement oforiginal that real products must have.The requirements decide which can be protectedby the copyright law. Referring to the original requirements of general works and theoriginality standard of other countries, the thesis discusses the question of artisticcreation level.Chapter IV is to give some suggestion to the copyright protection of works ofapplied art and to the latest amendment to the ChineseCopyright Law. Combiningwith the former three chapters, the suggestions about how creators chose the suitableway to protect their aesthetic products can be seen in this chapter. In addition, thethesis will also analyze the necessity of adding a new works type, the works ofapplied art, to Chinese Copyright Law.