On The Copyright Protection Of Works Of Applied Art

The expression of works of applied art is the beauty of a design which base on its practical function,and combine the shape,pattern,color and other elements.When these elements,such as shapes,patterns and colors,are used in handicrafts or utility products,generally,it is regarded that both the copyright protection and the patent protection are applicable to the related aesthetic design or expression.Compared with the protection of the patent of the design patent,the copyright protection is protected by the copyright law automatically at the time of its creation.And if you want to obtain the protection of the patent law,you must apply for and be authorized according to the law and its term of protection is shorter a lot than the copyright law.It is a blurry understanding and definition for the legal concept of a work of applied art,neither the theory of law nor the judicial practice.This makes the legal protection of the works of applied art is in trouble in our country.In order to solve the problems that exists in the protection of the works of applied art in judicial practice,there is an article to study these problems.According to the case study,this article explores some problems between the identification of artistic works and the determination of infringement in view of the perspective of copyright law.It is hoped that this article can provide some useful help for the theoretical research and judicial protection of Chinese works of applied art.This article is divided into the following four parts:The first part is the introduction of the merits.This section briefly introduces the basic cases of typical cases in this paper.As well as,this section summarizes the focus of controversy and the court's attitude and viewpoints on the protection of works of applied art in these cases.At the end of this section,it comes up with the main idea of this article.The second part analyzes the protection of works of applied art from the legislation and judicial practice in our country.Firstly,it shows the current situation that the works of applied art is protected by the copyright in our country.Secondly,on the basis of the referee's documents,it indicates the problems that exists both the identification of the art work and the determination of infringement in judicial practice.There are some problems of the identification of the artwork.For example,the definition is indistinct,and some misunderstandings exist between artistry and originality and the misunderstandings also exist between utility and artistry.Besides,the problem of the judgement of infringement of utility artwork is that the judges have the different understandings of copying and the different judgment values of reference to artwork.The third part is introducing and analyzing the method of copyright protection of works of applied art in the United States to compare with other foreign related study.Especially,it discusses the copyright protection of American works of applied art has changed a lot.This section also reveals the judgment standards of infringement and the “separatability test” for the protection of the copyright law of works of applied art.In In the fourth part,according to analyze the problems about determination of works of applied art and analyze the practical cases,it puts forward a correct concept of works of applied art,and clarify the relationship among practicability,artistic and creativity of works of applied art and explains the meanings of the relationships.Finally,it presents the standard of judgment of infringement of works of applied art.