Research On The Exemption System Of Copyright Infringement Liability Concerning Appropriation Art Works

The diversion of art(Appropriation Art)means that the creators will have the constituent elements of the art works dismantled and moved into their own works,and make the element in the new context to produce the public can read the creative form of solutions.This kind of work is widely existed in postmodern art and has been recognized by the industry.However,in the diversion of art works,its unique creative techniques have triggered many litigation of copyright disputes.In judging the limitations and exceptions of this kind of work,most of the reference drama works and the rational use of the principle of four elements,but no country to divert the art works to introduce a complete and clear laws and regulations.This article takes misappropriation of the copyright infringement liability exemption system of art works as the research object,in clarifying the nature of the diversion of art works and the type of creation under the premise of combining the copyright infringement liability exemption system and judicial cases of China and the United States and Europe and other countries.Comprehensive analysis involves misappropriation of art works restriction and exception of the system status quo and application difficulties,to find the root cause and the actual impact,ultimately to improve the misappropriation of art works of copyright infringement liability exemption system to propose reasonable proposals,hoping to deal with such works of judicial practice.There are five chapters in this article:Chapter One,Introduction.This paper introduces the background,purpose and significance of the research,the present situation and literature review,the research contents and methods.Chapter Two,misappropriation of the basic concept of art works and creative forms.The article mainly adopts the literature research and case study method,explains the concept definition of the type works and the four kinds of creation form which is usually visible,and divides the scope of the work that this paper needs to discuss.Chapter Three,misappropriation of the art works copyright infringement liability exemption system Status quo.This chapter increases the comparative research method,mainly for the national copyright infringement liability exemption system characteristics classification,induction system set the principle type,and four kinds of application difficulties.Chapter Four,misappropriation of the art works Tort liability exemption system theory conflict and the reality influence.This chapter mainly clarifies the theoretical conflict of the practical difficulties in the application of the copyright infringement liability exemption system,and the three kinds of realistic effects.Chapter Five,misappropriation of the art works copyright infringement liability exemption system perfection.This chapter synthesizes the first four chapters,from the perspective of theory and reality to consider misappropriation of art works copyright infringement liability exemption system to improve the premise,and then the perfection of the system to propose corresponding four points.