The Copyright Law Protection Of Practical Works Of Art

The works of applied art are the products fulfilled with practicability and aesthetics. Some foreign codes and international treaties have already given specific stipulations on the copyright protection of applied art works. However, the status of applied art works in our country’s system of Intellectual Property Law is very odd and embarrassed. On the amended opinions of copyright in October 2012, the state council promulgated the "copyright law of the People’s Republic of China(draft modify the third draft)".The practical works of art are listed separately the state council legislative affairs office of the state council to the national copyright administration to 2014 review of the law of the People’s Republic of China copyright law(revised draft)" and defined as: "toys, furniture, jewelry and other practical function and aesthetic significance of plane or three-dimensional modelling art." it proposed to put the applied art works as an object of copyright protection. As a particular object, the applied art works integrate the feelings and thoughts of creators. It appears to people by the means of three-dimensional contouring, it was equipped with the originality and the replicability, which are required as the objective characters of copyright law. It is the intellectual creative result with aesthetics, but is distinguished with other common art works. It can serve for the people’s daily life with its practicability.In this article,first I introduced the basic theories of applied art works. It referred the definition and the characteristics of applied art works. Differentiated and analyzed the concepts of applied art works, aesthetic works and industrial designs. And it also discussed the evolution and current situation of domestic and overseas legislation of applied art works, which set the bases of the following introduction. And then I discussed the qualification of applied art works as the object of copyright protection. First, it introduced the qualifications of the object under the copyright protection law. Then, it argued the qualification of applied art works as the object of copyright protection by integrating its characteristics. At last, it also proposed the suggestions for our country’s copyright protection of applied art works. The last part of this text foremost I talk about the conflict of intellectual property rights and then introduced the legislation models of France, Britain, and Germany, which as the most typical examples of the copyright protection of applied art works. Then, it discussed the significances of referencing other countries’ legislation models. Finally, by integrating the status quos of our country, it gave the suggestions the best way of building the protection model of applied art works.