Research On Copyright Protection Of Works Of Applied Art

Works of applied art are artistic and practical,which not only bring pleasant aesthetic enjoyment to human beings,but also bring vigor and vitality to the development and innovation of traditional industries.In recent years,the protection needs of such works are increasingly prominent,which can be seen from the relevant cases.However,China's Copyright Law does not specify the protected "identity" of such works,and judicial practice also presents a chaotic situation when dealing with disputes over such works.In 2012.China started the revision procedure of Copyright Law again,and works of applied art were listed as the protected object alone,which aroused fierce debate in the academic circle.The revised draft,although trying to fill the legislative defects of our country,does not make a clear division of the relationship between this kin of special works and works of fine art,and no criterion for the identification of works of applied art.Even if the relevant provisions are passed later,they cannot play a specific guiding significance for judicial practice.Therefore,regulating the copyright protection of works of applied art is still a subject worth studying.This paper is composed of preface,text and conclusion.The preface presents the necessity of regulating the copyright protection of works of applied art,summarizes the research status of such works,and points out the innovation of this paper.The text consists of four chapters:The first chapter defines the works of applied art.It helps to better understand the characteristics of such works by explaining the authoritative views of the international community and the definitions made by well-known Chinese scholars for such works.By distinguishing and analyzing the differences and commonness between such works and confusable objects,this helps to make a better distinction for this kind of works.The second chapter introduces the copyright protection of foreign works of applied art.The Berne Convention coordinates the relevant legislation among the countries of the union through a more flexible approach.Among them,the United States protects works of applied art through the principle of "separability and independent existence",but falls into the dilemma of determining relevant test methods.In recent years,Chinese courts have gradually applied this principle to solve disputes over works of applied art.By analyzing the advantages and disadvantages of the testing methods in American courts,this paper helps improve the copyright protection of this kind of works in Chinese legislation.Japan and China are separated by the sea.and the legal environment and values are the closest.At the same time,Japan has not written the,works of applied art into the copyright law.By investigating how Japan included such works in the scope of copyright protection,we can provide useful reference for China's judicial practice in dealing with disputes over such works.The third chapter has combed the legislation and judicial situation of our country about the works of applied art.Although this draft revision takes this kind of works as the special protection object of copyright law,there are still many problems.For example,there is no criterion for the identification of works of applied art,no clear division of the relationship between such special works and works of fine art,and no further requirement for "aesthetic significance".Judicial practice in dealing with this kind of works disputes also presents a chaotic situation.Only by understanding the crux of the protection of this kind of works in China can we find the right remedy and improve the current protection situation in China.Chapter four expounds how to perfect the copyright protection of this kind of works in China.The protection of applied art should focus on clearly regulating its special protection rules,so it should be listed as the object of copyright protection to arouse the necessary attention.Practicality and artistry are the characteristics of this kind of works,and their physical separability means that the practical part is only the carrier of artistic elements.The artistic elements carried on the carrier arc protected by works of fine art.If the artistic elements of works of applied art can be arbitrarily chanoged without any impact on the realization of practical functions,it conforms to the conceptual separability.The originality of such works should not be treated differently,but should also reflect the creator's personality and emotion in aesthetics.The right of reproduction is only for the protection of the modeling design and color decoration of the works of applied art.rather than the protection of the physical carrier or practical function.The distinction of protection period between such works and works of fine art may lead to disputes over the classification of works.Therefore.the protection period of the two types of works can be consistent.