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Research On The Trnsformation Copying Under The Beckground Of 3D Printing

Posted on:2019-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2416330545458957Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
3D printing technology is a rapid development of high-tech,which brings the problem of the transformation copying because it involves the transformation between the plane and the three-dimensional.The transformation copying should be a copying act in the sense of copyright law,and has three metrics:copying objects belong to copyright objects,content reproducibility,and non-inventive copying behavior.The main contents of 3D printing involving the the transformation copying systems include the copying from text to two-dimensional copying,and coping between two-dimensional and three-dimensional.Depending on the way of conversion and the nature of the original work,the nature of the CAD model,printed matter,and conversion behavior is also different.Judging from the extraterritorial legal system,the current major countries in the copyright law system and the author' s rights law system all have made different degrees of recognition of the transformation copying,and have protected the types of works related to the transformation copying.Including the United States successively confirmed the "full description","soul of the story”and"three-step test" and other standards on the virtual characters,most countries believe that the act of building in accordance with architectural drawings belongs to the transformation copying,the two international principles on the works of applied art,and so on.Judging from our country' s legal system,China's Copyright Law in 2001 deleted the negation of the transformation copying in the old law (Copyright Law in 1990),but it did not increase the positive regulations,which gave rise to heated discussions and deputy in the educational circles.Although the attitude of the legislature is not clear,it seems that the judiciary has already made a choice in recognizing the degree of protection of the transformation copying.That is to regulate the transformation copying between art works,and do not regulate it between graphic works.In addition,our country has different levels of provisions for the transformation copying of virtual characters,architectural works and the works of applied art.Due to the imperfections and inconsistency of regulations,some problems have arisen in judicial practice.The limitations in the legal system of copyright reproduction in China are as follows.First,the inconsistency of the transformation copying is not conducive to judicial trials,which is not conducive to the enthusiasm of the authors' creation and is not conducive to the development of international trade.Second,the virtual role has not become an independent type of work,and the standards and compensation standards for infringement are not clearly defined.Third,the architectural works cut off the connection with the related works.Fourth,the works of applied art is inconsistent in the extent of protection between foreign and domestic cases,and the trial standards for domestic cases are not uniform.Therefore,the following four suggestions are proposed.First,the transformation copying should be clearly defined.Second,the virtual character should be provided with adequate protection.Third,the architectural works and its related works should be protected as a unified whole.Fourth,it should clearly stipulate the works of applied art and harmonize its infringement standards.
Keywords/Search Tags:the transformation copying, 3D printing, virtual characters, architectural works, the works of applied art
PDF Full Text Request
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