The Protection Of Copyright In Works Of Applied Art

Works of applied art is based on the artistic and practical application of three-dimensional modeling,and it can be replicated in the form of industrial production and other forms of intelligence.Legislation research on the works of applied in China started late,and it is still imperfect,which makes the rights and interests of creators difficult to be protected,in the international competition,Chinese works of applied art are also at a disadvantage due to lack of legal protection.In the long run,it will inevitably lead to the negative creation of the creators,and the development of the market of works of applied will also be affected.To make up for the lack of current legislation,and give them necessary protection,the common practice in China's judicial practice is to provide protection to the scope of art works,but this is actually to expand the interpretation of art works,which is a misreading of the scope and lack of legal basis.Since China began to amend the copyright law in 2012,four drafts have been revised so far,and all practical works of art have been listed as independent copyright protection objects,which is undoubtedly a great progress in copyright legislation.However,it is regrettable that the specific protection mode and judgment standard of Works of applied art are not reflected in the draft revision,which needs to be further clarified.Works of applied art Works of applied art is based on both practicality and artistry,in addition to the general constitutions of the copyright,it is important to focus on the specific elements of the application,which is practical and artistic separation and unique originality.On the criterion of separable judgment,the United States has concluded some relatively mature standards,which can be used for reference,and our country can refer to the specific method of designing separable standard.According to the legislation of different countries,combined with the protection status and existing problems of works of applied art in our country,giving the legislative suggestions for protection of Chinese works of applied art.In a clear and practical art under the premise of independent object position,the thinking of the infringement is actually a backward to copyright infringing copy,that is to determine whether there is a substantial similarity,then determine whether or not to be misappropriated.In the choice of legal protection mode,China is suitable for the dual protection mode,giving the protection of the patent right and copyright of the works of applied art,which meet the requirements,this is not only conforms to the trend of international development of work of applied art and promotes the prosperity of the market of work of applied art.