A Study On The Protection Of Reproduction Works Of Art

In recent years, our country economy has experienced high speed development and the people’s greatly enriched material life has also been further improved as their demand for spiritual life growing. Under this background, the art market in our country, especially the calligraphy and painting market has become increasingly active, there are quite a number of works belongs to reproduction works of art.Reproduction works as a work of art is dependent for the presence of the original copy and with a characteristic of similar to the original. Because of these unique qualities, the reproduction works’copyright problems remain controversial for a long time. In our country, for example, in 2001, the revised copyright law removed "reproduction" from article 10’s list of "copy measures". Further, in the supreme people’s court interpretation on some issues of applicable law in civil cases of dispute over copyright "(enter into force on October 15,2002), article 18 states that certain types of reproductions do not constitute infringement to the original, which partly admits the copyrightablity of reproduction works. In around the world, there are also disputes on the copyright of reproduction works of art, there has been many classic cases in Europe and the United States, but due to the different individual backgrounds and perspective of view, the result of these cases often quite inconsistent in final conclusion. At the same time, around these issues, the academic circles also has not yet formed a unified point of view, different scholars from different angle or using a different research method have different views very often.This paper is divided into three chapters in addition to the Introduction. The first chapter is about reproduction works of art and the present situation of the issues around. The first section introduces the definition and characteristics of reproduction works of art. This section lays a foundation for following discuss. The reproduction works . of art were compared to normal work of art and the source of controversy for copying art copyright problem were summarized. Next section is, in the perspective of comparative law, introduced in the second quarter for copying the copyright of works of art of Chinese and foreign legislation, based on the different of Chinese and foreign law on copyright protection, at the same time introduce the current for copying of copyright in works of art. The third section of this chapter mainly, introduces several different opinions from academia for reproduction works of art, which would be discussed below in detail.In this paper, the second chapter is mainly the author’s discussion from the perspective of theoretical analysis on reproduction works of art and its copyrightability. The first section mainly introduced the modern copyright regime as well as its origin and development, also the content of the protection of the object provided by such copyright regime. The second section focused on the source of debate, in which the author analyzes the originality and differences in the expression of reproduction works of art. The third section is the analysis of some different scholars’point of view in order to carry out further argument.The third chapter is about the specific scope of copyright protection and limit analysis to the reproduction works on the basis of above discussion. The first section introduces the scope and the content of modern copyright regime. By distinguish the contents, the scope of the protection of copyright in reproduction works of art and the possibility and limitations of to the author are discussed. The second section is where author poses its opinion over limits on the copyright of reproduction works of art and reasons of such limits.