Research On The Copyright Protection Issues Of Imitation Works

Copying works initially because learning to imitate the new achievements of art produced by others, but in the art market in today’s society, the use of copy work far beyond the scope of the previously thought to emulate the work of art, and more are for business, the scope of its use and the market share occupied by increases every year, resulting in a legal dispute about copying works of copyright problems are also showing a rising trend.Whether for copying works of copyright law should be treated as a guest of the problem at the national legislative level and the level of judicial practice has been much debated. In national legislation, our country in 1991 "Copyright Law" Article 22 stipulates copying works within the scope of fair use, is a form of copy, just like copying, printing, etc; then in 2001 the newly revised "Copyright Law" The form lists copied from copying excluded, but the Supreme People’s Court "on the trial of civil disputes of copyright law applicable to explain certain issues," it made in the relevant regulations. In judicial practice, due to the legislative work on the copy is not perfect, the judge discretion of scale are not the same, the results of the decision and therefore there are also differences. Focus on copying works protected by copyright law, such as whether a series of problems that have been the academic debate, improve and perfect copying works of copyright protection system will have practical significance.Against "copying works shall be protected by copyright law whether and how to protect copyright copying works" and other issues are discussed in detail in this article the author mainly from the following three aspects:The first part of the work is to be protected copy of the primary arguments of the core issues of copyright law, as a result of copying the works of artistic value, and in accordance with the copyright of the works can be, finds copying works should be protected by copyright laws;The second part describes the current status of legislation regarding copying through a detailed analysis, that there is a copy of which works to define vague, unclear qualitative copy protection, infringement flooding, there is a lack of legislation and other issues;The third part, for copying copyright protection problems in a clear distinction between the adjacent concepts qualitative difference protection, drawing on jurisprudence, perfect proof system and other recommendations.