Research On The Separability Doctrine Of Works Of Applied Art

Works of applied art is works consisting of both utility and art features.The third draft amendment to China's copyright law has included in its scope of protection works of applied art.In the protection of works of applied art must face a problem is how to eliminate the protection of utility function.The practicability and artistry of applied art shall be separable,and only when the artistry is separated by practicability,copyright protection could be available.Separability doctrine is full of guiding significance to protect works of applied art,which is based on the idea-expression dichotomy.On the basis of the separability doctrine of the judicial practice in the United States,we should set the "conceptual separability" doctrine.For this doctrine,a standpoint of a general viewer or production consumer shall be exploited,and they should to determine whether it has a significant artistry,whether the artistry part has the independent value to exist.At last,we should apply the same original standard to judge the artistry part of works of applied art.This article is divided into five chapters,the specific content is as follows:The first chapter mainly around the article selected topic background,the purpose of the selected topic,research method,etc.,in the hope to rich the research on the basis of previous studies.The second chapter aim to put forward the concept of Applied art and its characteristics.In addition,the concept of separability doctrine is discussed,aiming to analy necessity of separability doctrine.The third chapter explores the condition in Chinese judicial practice,and the problems of applying the separability doctrine.The fourth chapter summarizes the controversial tests for conceptual separability of USA.The fifth chapter forces on establishment and the specific applicable of separability doctrine in Applied art.The last part summarizes the viewpoint of this article.