A Study On The Copyright In Fringement Of The Works Of Practical Art

With the rapid development of science and technology and economy,people are more interested in diversified products.Compared with simple practical articles or artworks,the enjoyable and cultural practical art works are more popular.Practical art has a growing market,attracting a large number of people,money and things,but also constantly triggering the copyright infringement disputes of practical works of art.In addition to the patent law,our country mainly through the 1992 "the implementation of the provisions of the international copyright treaty",as well as the second copyright law amended the practical art works to solve practical art works copyright disputes.Due to the complexity of the works of art and the lack of legal provisions in China,courts have encountered many problems in settling disputes.The identification and infringement judgement of practical art is always a difficult problem in copyright law.When the court settled the copyright dispute of practical art works,it was mainly based on the provisions of the implementation of the international copyright treaty in 1992,as well as the practical works of fine arts which had been amended by the second copyright laws.With regard to the copyright infringement cases of practical art works,some European and American countries and Japan have more mature judicial practice,and the judges of our country also have some reference in the concrete trial.When judges try related cases,they usually identify the works of applied art,then compare similarities.In the specific application,it is also worth thinking about how to determine the practical works of art,and how to accurately compare the similar works of practical art to determine the infringement.Starting from the definition of practical art works,this paper first analyzes the concept and legal characteristics of practical works of art.Through the discrimination and understanding of the essential features of the works,the necessity and particularity of copyright law on the standardization and protection of practical art works are discussed,and then the two aspects of originality and "separability" are analyzed.The elements of the works of art are made up.Secondly,we examine the copyright infringement and related legislation of practical art works,and find out the problems.In addition to the overall analysis of the current status of copyright infringement of practical art works in China,and through a large number of cases,it also investigates the object of tort,the identification of tort,the liability for tort and the subjective fault,and finds that the focus of the case and the more controversialissues are in the determination of the works of practical art and the determination of the infringement.Next,we will examine China's laws and regulations,the revised draft,as well as the international treaties,the laws of the United States and Japan,etc.,and point out some problems.Again,the specific analysis of the disputes in the tort disputes of practical art works,including the identification of the object of tort,the identification of the works of practical art,the "substantive similarity + contact" rule,and the analysis of the constitutive requirements of the duplication.Finally,in order to solve the problems in the copyright dispute of practical works of art,suggestions are put forward,the conditions for identifying the practical works of art are clearly defined in relevant legislation,and the degree of creation and the status and application of "separative standards" are reasonably restricted,and the ways of determining the copyright infringement of the works of practical art are clearly defined and the "substantive similarity" is standardized.To draw lessons from other countries' legislative experience,we should pay attention to the actual situation of our society.