Research On Copyright Protection Of Architectural Works

Architectural works as the object of copyright law in China has experienced a process from scratch,continuous development.Our country the first copyright law in 1990,when not to architectural works as an independent object into the copyright protection,but in the current "copyright law" revised in 2001 when the juxtaposed with art works into the protection of the copyright.As the practice of architectural works copyright disputes are increasing,the current law has not effectively protect the lawful rights and interests of architectural works,the copyright owner.In this paper,from the protection scope of architectural works,originality judgment standard,infringing copy mode and tort relief way four aspects as the breakthrough point,combined with analyzing the typical cases of domestic architectural works,points out that architectural works copyright protection problems and deficiencies,and with reference to foreign relevant legal provisions and judicial practice experience architectural works in China are put forward in the scope of protection,the originality judgment standard,infringing copy mode and tort relief way four aspects of the perfect proposal.In this paper,on the premise of using the basic principle of copyright law on the discussion of the problem as far as possible according to the construction design drawings,architectural models,and buildings or structures respectively,this not only helps us to understand the sense of law for the same protection with different expressions by the original artistic aesthetic feeling,also conforms to the meaning of architecture such as design,production,construction of the works on the construction process.From the perspective of law and the architecture of the cross analysis to help us to understand architectural works ought to protect scope;From all the work of the production process to analysis helps us to understand the construction design drawings,architectural models,buildings or structures of the three original standard is a process from high to low gradient;Starting from the dimension of their own existence we can be more clear understanding tovarious works of infringing copy mode;In perfecting the tort relief in the way of this article is not separate from it,but is still based on copyright law to apologize,eliminate the influence of relief way of its comprehensive analysis to ensure the integrity of the architectural works copyright relief and systemic.As China's "copyright law" for the third time when revised,hope this article can help to architectural works copyright protection.