Study On The Originality Of Works Of Applied Art

In recent years,more and more civil infringement disputes of copyright infringement ofworks of applied art.Due to the special of works of applied art, judicial practice in such casesgenerally need to determine whether the object has been infringed belongs works. Therefore,a very important task is the definition of originality of works. However, China’s copyrightlegislation is not clearly defined the the concept of originality of works,the copyright law ofother countries on the originality of the criteria are also not identified.There is a differentunderstanding of the originality works of applied art. In this paper, as the "piracy furniturecase" for example,analysis of the originality of works and the protection of works of appliedart.In addition to the introduction, the dissertation consist of three sections.Part I: case presentation and the focus of controversy. This section focuses on thespecific circumstances of the case, as well as the controversial point reflects from the case,Leads to analyze on specific issues in this dissertation：Identification of the works of appliedart originality and copyright protection conditions of the works of applied art.Part II: the legal analysis of the issues in dispute. This section mainly analyzes the twomain problems of the protection of works of applied art: First, the basic problem of theoriginality of works.The core element of the works is originality,to analysis of the concept andfeatures of originality and the Comparative Study of different countries on the originality ofthe provisions, let’s have a comprehensive understanding of the originality. Second,the legaldefinition of works of applied art. Through the analysis of the connotation and characteristicsof it,there are two types of works of applied art:Practicality and artistry of works of appliedart can be separated, Practicality and artistry of works of applied art cannot be separated. Andelaborated copyright protects only the expression of the artistic part of the practicability andartistry can be separated in the works of applied art. The works of applied art has twocharacteristics: practicality and artistry. Then,analysis of the works of applied art sufferedconservation status in other countries as well as in china,the author puts forward therecommendations of the comprehensive protection of works of applied art. Finally,discussesthe copyright protection conditions of the works of applied art,the author believe that theartistry of works of applied art should be analysis in conjunction with the originality,and theworks of applied art should have a certain height of artistic creation. Part III:Analysis of the court case. First,proposed the originality of works should meetthe independence and creativity of the minimum standard. Secondly,through the analysis thejudgment of the "piracy furniture case"of the court. The works of applied art in order to obtaincopyright protection,the key lies in artistic of the works of applied art ability independent ofits practicality exists,and has significant artistic beauty. Finally, the author put forward hisown proposals about the copyright protection of works of applied art.Hope to the concept oforiginality direct provisions in the legal provisions,degree of creativity for different works canbe specified in the judicial interpretation. Practicality and artistry of works of applied art canbe separated, The arts portion reaches a certain height of the art, also can be art worksprotection. At the same time, the Court can also refer to the entry into force of the case and isgenerally recognized Judgments. Improvement of the case guidance system.