Research On The Copyright Protection Of Advertising Works In China

With the rapid development of economic life,the advertising industry,which is called "economic barometer",is also growing.It plays a key role in business services and cultural communication.However,in the legal level,the protection system of advertising works is not perfect,and even there is no definite system to protect it.In real life,frequent advertising works are infringing examples,though due to infringement of human rights consciousness and other reasons,the occurrence of such cases more frequently,the development of the advertising industry has also been hampered.From this point of view,it is of great theoretical and practical significance for the legal system of the cultural industry to maintain the legal rights and interests of the copyright holders of the advertising industry and to improve the rapid and healthy development of the legal system of the cultural industry.The protection of advertising works,we must first identify the scope of advertising works,in a medium aggregate produced only by the creative thinking process and technical means of intellectual achievements is the real meaning of advertising works.But for the infringement is also very important;after comparing the copy works and original works,if both the "same" or "similar",is plagiarismestablished,but some cases also need to introduce the concept of "contact".In the case of advertising works infringement,the determination of the responsibility is not difficult,but it is difficult to determine how much damage has been caused by infringement,and what is the standard of determining the amount of loss?The provisions of our country on this issue is more reasonable,involved in the infringement case to determine the amount of compensation,to consider two aspects of the plaintiff and the actual loss of the defendant from the infringement,if the accused infringing the plaintiff and income is higher than the actual loss can come up with conclusive evidence,the amount of compensation to the illegal income standard.Finally,in view of our country to the advertisement work copyright protection loophole,may optimize from the advertisement profession laws and regulations,the explicit infringement confirmation procedure as well as the clear advertisement publisher responsibility and so on several aspects carries on the optimization consummation.This paper around the core of advertising works copyright protection,the necessity of advertising works copyright protection as the starting point,focusing on the problems from two typical case,from the aspects of cognizance,advertisement infringement,responsibility and compensation determination of hierarchy analysis,combing,combined with the case put forward their own views,finally for that perfect advertising works copyright protection legal advice model.This article mainly studies the copyright protection branch of advertising works under the protection of intellectual property rights,and focuses on the identification and infringement of advertising works.