The Study On Copyright Protection Of Architecture Works

With the rapid development of the real estate market,intellectual property issues in the field of construction has been widespread concern.Such as the 2011 Top Ten IPR cases in Beijing "Bird's Nest" fireworks copyright disputes,but also caused a heated debate theorists and practitioners community.Since the construction works have aesthetic and functional characteristics,increasing the scope of copyright protection and the difficulty Infringement architectural works,coupled with legislation to protect our country in this regard is not long,so the study of architectural works of copyright protection is a very important subject.This paper attempts to depart from the characteristic architectural works,combined with foreign architectural works beneficial legal provisions and judicial practice,to explore a range of architectural works in China is faced with narrow,lack of originality criterion,the rights of content differences,the scope of fair use is unknown,the method Infringement unknown,as well as liability issues too light and so on six areas,which made specific recommendations to improve.This paper consists of five chapters: The first chapter is about our country as well as the relevant provisions of the extraterritorial scope of the architectural works,the main draw of architectural works by provisions of the existing law ought to be in the range of buildings,architectural models and architectural design.The second chapter is the condition of the building works to get copyright protection analysis,architectural works by combining its own function and aesthetic characteristics,so as to explore its premise is eligible for copyright protection is the requirement oforiginality,can be fixed in some form and aesthetic significance,in addition to the originality of judgment proposed building works perfect.The third chapter describes the contents of the rights of copyright architectural works,architectural works combining practicality and appearance characteristics of originality,the main discussions with heterosexual common architectural works in personal rights,property rights and rights generally.The fourth chapter is the study of the architectural works of the Copyright restrictions,binding extraterritorial laws and the "Bird's Nest" copyright dispute case against the elements of the rational use of architectural works to explore in order to come to determine the scope of fair use.The fifth chapter is about the architectural works of copyright infringement identified,Responsibilities of the infringement,components,identification methods and responsibility,and to propose methods and envisaged complete liability Infringement of commitment.