The Study About Problem Of Copyright Protection Of Works Of Applied Art

With the improvement of science and technology, while paying attention to the practicalfunction of goods, people cline more to the aesthetic feeling of commodities, and thisadvances the prosperity of practical art market. Works of applied art holds both the artisticquality and practicality, this is its biggest characteristics. However, the particularity brings itinto contact with pure art works, crafts and industrial designs inextricably, and causes China’scopyright law falters and hesitates to give works of applied art copyright protection. Theblank of the copyright law legislation, will inevitably bring about the blending situation ofdifferent judicial practice trial standard. Therefore, under the double pressures of theory andpractice, China added two provisions about works of applied art in the latest draft of thecopyright law. However, this is only a temporary solution which is not sufficient to meet theneeds of the reality. Based on the definition of works of applied art, through discussing aboutthe necessity and protected conditions of its copyright protection, and analyzing the presentsituation of its copyright protection, this paper hopes to provide some suggestions for ourcountry’s copyright protection of works of applied art.Taking away the preface and thanks, this paper mainly includes five parts:Part I is the definition of works of applied art. On the analysis of provisions ofinternational stipulation and typical nations, this part makes a definition of works of appliedart, and clarifies its relationships between pure art works, crafts and industrial designs. Itpaves a way for studying the related contents behind.Part II is the necessity of works of applied art copyright protection. This part begins withthe theoretical basis (the labor theory of property, the theory of encouragement, the humanrights theory, the theory of departmental law), the practical needs and inheritance of Chinesenational culture. It analyzes the science, reality and importance of building copyrightprotection system about works of applied art in our country.Part III is the conditions of works of applied art protected by copyright law. This partdiscusses problems from the originality, replicability, artistic quality, practicality,practicability and artistic quality whether it can be separated. It shows the feasibility of worksof applied art copyright protection further. At the same time, it buries foreshadowing for theimprovement of works of applied art copyright protection system. Part IV is the present situation of works of applied art copyright protection in China.This part points out problems of works of applied art copyright protection from the level oflegislation and judicial practice. The legislation can’t provide real protection for works ofapplied art in our country, whether the “Provisions on the Implementation of the InternationalCopyright Treaties”, or2001“Copyright Law” and the “Regulations for the Implementationof Copyright Law”, and also “The third revision draft of the copyright law”. For the works ofapplied art disputes happened in the justice practice, different courts have different trialstandards, which leads to a confused judicial situation. Therefore, improving our works ofapplied art copyright protection system is particularly important, extremely urgent.Part V is the suggestions of improving our country’s works of applied art copyrightprotection system. Through discussing about object protection status, protection period,originality and infringement, protected mode and copyright registration, this part is suggestedthat we should clear works of applied art copyright law status, appropriately distinguishprotection period, establish the standard of infringement, adopt double protected mode,register copyright. It hopes to advise on the copyright protection system of works of appliedart in China.