Research On The Copyright Of Cultural Relics Imitation

This thesis discusses the related problems of the imitation of cultural relics from the angle of copyright law,and the variety of the practicality to the ornamental type of the imitation of cultural relics is rich and plentiful.For a long time,in the academic or practical community,the relationship among the cultural relics imitation,replicas,fakes can be described as "cut constantly chaos".However,only the relationship among the three can be more accurate,can the scope of cultural relics be summarized and the study of the cultural relics imitation be further carried.Cultural relics imitation is a copy of the items,whether the imitation of the cultural relics is original and the composition of the work is established,we need to analyze the conditions from the composition of the conditions.I believe that when the cultural relics imitation which is different from the cultural relics are as a major category may not meet the original requirements and cannot become a work,but still meet the original requirements to become works of cultural relics imitation,but the author's research capacity is not possible to summarize all the cultural relics imitation of all the works that can constitute the works.If we reverse the backward reasoning,we can conclude that as long as there is a copy of the cultural relics that can become works,it is sufficient to explain the copyright of the artifacts.This thesis also analyzes the types of works(art works or practical works of art)of the cultural relics and analyzes the protection of cultural relics and the specificity of infringement identification.The first part is an overview of the imitation of cultural relics,from the introduction of Mr.Shuhong Chang's copy of painting as the starting point of the introduction of the problem,and then the first is the textual research of the "cultural relics",cultural relics research is to accurately understand the cultural relics,Then according to the concept of"cultural relics",the author defines the definition of "copy" and "imitation" according to the concept of "cultural relics".Finally,the author summarizes the non-legal value of the imitation of the cultural relics in the overview,mainly expressing the research value of the imitation of the cultural relics.The second part is the comparative study of the imitation of cultural relics at home and abroad.The biggest flaw in this part is that there are few foreign and Chinese materials.When studying the imitation of foreign cultural relics,the author uses only one news and quotation that the Egyptian government on the relics of cultural relics to copy the copyright fee attitude,and then the author discusses the royalties payment issues of cultural relics imitation,and in foreign studies makes a comparative analysis of the "copy" and"imitation" which are the are difficult to be distinguished.For the further study,the author also gives his own standard;in the domestic problem research,the author analyzes the current status,in fact,"blank" can be used to describe the words,only a small number of scholars explore this problem.But the copy of the work has been studied by more scholars,and three different views have been formed,and copy works is not a replica but a imitation is a focus issue.The author also gives their own thinking and assumptions.Finally,in the study of domestic problems,the author also makes an in-depth discussion on the relationship between the imitation of artifacts and fakes,and tries to distinguish artifacts from imitation.This research has the basic research significance.The author makes a creative construction of counterfeit,tries to crack the nature of the fake and cultural relics and the relationship between copy and imitation.The third part is the analysis of the copyright of cultural relics imitation,with originality is the main basis for the composition of the works,and the original standard is the basis of the original judgments,so the author from the original standard problem begins to explore and according to the standard analyze Replicas and imitations,and uses the eggshell pottery as an example to show the copy ability of the artifacts.In addition,the author also carries out supplementary research on the non-uniqueness of the expression of cultural relics imitation,with the aim to better explain the copyright of the copy of the cultural relics,the author also explores the types of works of cultural relics imitations,and uses the third revision of the copyright law as the incision,the introduction of works of applied art,analysis of the cultural relics can become the type of works-works of art,works of applied art.The fourth part is about the protection of cultural relics,first of all,the protection of cultral relics were discussed mainly from the perspective of copyright law and other legal point of view to give recommendations.From the perspective of copyright law,the copy of cultral relics have become the protection mode of works of applied art,and it has been stipulated in the "Copyright Law" of our country.However,there is no stipulation on the protection mode of practical works of art.In addition,the author from other legal point of view,constructive comments of the protection of cultural relics are made.Secondly,the author analyzes the particularity of the authenticity of the imitation of the cultural relics,and gives the suggestions according to the special treatment of special problems.Finally,two related issues are described.In addition,only a very small number of scholars study this issue,therefore lack of information,some of the problems are the author to think about the results creatively,it is inevitable to have subjective presumption of suspicion,which contributed to the imperfections of this thesis.In view of the limited ability of the author,the study of these problems do not reach the depth of the level,but still create some exploratory research and thinking,and welcome teachers to criticize.