The Research On Copyright Infringement Of Architectural Works

With the development of architecture industry, the work of protecting architectures is not only the focus of many insiders’ but also concerning about owners’ vital interests. Although copyright law of China listed the architecture works individually,the regulation of architecture works is still rough and short of operability,therefore,further study and discussion in the legal theory and justice practice is necessary.As the construction works are a special type between scientific works and art works, if only the building as the protection of the works, it will cause a lot of infringement is difficult to define. Through the comparative analysis of foreign and our country on the construction of the protection system, it is believed that to improve the construction work protection system must be included in the architectural design and architectural models are included in the scope of building works. Secondly, because of the study of architectural works, most of the studies focus on the concept of architectural works, or a certain type of tort, the lack of a comprehensive study of the system. The article based on the classic case and case, analysis and classification of the several kinds of main behavior modes of architectural works copyright infringement, summed up the practical determination of infringement behavior under the architectural works copyright infringement in the general rules and several special cases. At last, it discusses the legal consequence of this kind of tort and the way of remedy. This paper argues that the architectural works of protection must be closely combined with the national conditions of our country, balance the social public interests and the architect of the copyright to architects’ protection interests at the same time and save the social resources, promote the development of the whole society.The research ideas of this paper are integrating theory with practice, combining deductive analysis and inductive analysis. Research methods like literature study and comparative study are comprehensively used for systematic analysis and logical conclusion. Through the construction works and tort theory analysis, appear more focused on concrete analysis of the practical behavior of architecture copyright infringement, in order to be able to solve the practical problem of architecture works infringement helpful.