| Works of Applied Art is the kind of works combining usability and aesthetics as a whole. Works of Applied Art should be subject to the protection of copyright because of the characteristics of copyright. In our country, Works of Applied Art has profound and broad ground, and its characteristics of practicability, artistry make it very popular in today’s society. However, Rights of creators of Works of Applied Art have been violated repeatedly. The problems of being difficult to be guaranteed by law can not be ignored. The reality of demand, the lack of legislation, and the judicial dilemma indicates it is very necessary to give Works of Applied Art copyright protection. This article starts from the concept and characteristics of Works of Applied Art. This article refers to relevant provisions of the various relevant international conventions and foreign legislation, combines with our country’s legislative history and current situation of the protection for Works of Applied Art, tries to clear the constitution and protection mode of Works of Applied Art. On the basics, this article puts forward reasonable suggestions in the legislative modification, in order to provide effective guidance for the determination and resolution of infringement disputes of Works of Applied Art in the judicial practice. This article consists of five chapters and has the following structure:Chapter 1 is a study of the basic problems of copyright protection of Works of Applied Art. Firstly, according to various international conventions which define the concept of Works of Applied Art, we can naturally derived such a logical point of view that Works of Applied Art must constitute works in the first place, and has practical and artistic characteristics. Then differentiate and analyze several similar concepts in order to grasp the concept definition and characteristics of Works of Applied Art accurately, and lay the groundwork to explore its constituent elements.Chapter 2 is a comparative study of copyright protection of Works of Applied Art. Firstly, describe the various provisions of international conventions on the copyright protection of Works of Applied Art in detail, and then analyze the protection mode of this kind of works among the United States, Germany, Britain, France and other foreign countries. Finally integrate regulations of these countries to pave the way for discussing legislative proposals in this article.Chapter 3 is an analysis of the primary factor of Works of Applied Art. By combing cases in recent years, analyze the reasons why many similar cases have such different judgments and the final verdicts. Draw a conclusion that the vast majority of relevant cases have the same focus of controversy involved or included, and the focus of controversy is whether the suspects constitutes Works of Applied Art.Chapter 4 is the review of the history and the current situation of copyright protection of Works of Applied Art in China. First of all, this chapter makes a detailed description of China’s legislative history, work practice and theory of evolution. Then analyze of China’s current copyright laws and the third amendment to the draft on the copyright protection of such works. Through analysis of on the present situation of legislation in our country, summarizes the defects of legislation.Chapter 5 is the legislative proposal on China’s copyright protection concerning Works of Applied Art. First of all, through analyzing the reasons for the absence of legislation at first, as well as the misunderstandings and judicial dilemma, makes clear that our country in the legislative practice of practical works of art to be necessary to clearly defined. Then, aiming at the shortage of legislation and the flaw, proposed our country copyright protection for works of applied art perfect suggestion. Figure out the necessity to regulate Works of Applied Art in our legislative practice. Finally, aiming at the shortage of legislation and the lack of law of our country, this chapter put forward the revision proposal. |
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