A Study On Copyright Of Reproduction Works

As an indispensable link in the long development history of Chinese traditional arts such as calligraphy and painting since ancient times,reproduction still occupies an unequal place in the field of art today.Whether in the process of learning skills or in the process of creating works,reproduction is the only way for art lovers of all ages.Reproduction works can not only retain the inheritance of the outstanding skills of the masters of previous generations,but also show the innovations of the new generation of artistic creators.They are of great artistic value and are very popular with collectors in the art market.In 2010,at the autumn auction of China Jiade International Auction Co.,Ltd.,a reproduction of Wang Xizhi's grass hand "Ping An Tie" was auctioned at a high price of 308 million yuan,setting a new record of the highest price of a word in the history of Chinese calligraphy auction.Although reproduction works play an important role in the art market transaction,due to the late development of intellectual property law in China,the legal provisions related to the copyright of reproduction works are still incomplete,there is no mention of "reproduction works" in the current Copyright Law of China,and there are few provisions related to it.This situation leads to illegal elements have the opportunity to make illegal profits when the disputes about copyright of reproduction works occur in practice,copyright of reproduction authors is vulnerable to infringement and hard to relief.In order to better protect the legitimate rights and interests of reproduction authors,promoting the inheritance and development of art and maintaining the good development of art market trading,should be further improve the relevant legal provisions about copyright of reproduction works,to solve the problems encountered in judicial practice.The purpose of this paper is to explore how to protect copyright of reproduction works more appropriately,this paper believes that reproduction works,as original works,should be protected by the Copyright Law of China,the problems affecting the copyright realization of reproduction authors,such as vague provisions of current laws,controversial characterization of reproduction works,and flaws in the system of proof in judicial practice,should be solved.Based on the analysis and comparison of the relevant theories at home and abroad,combined with the existing problems in judicial practice,this paper puts forward the idea of perfecting copyright protection of reproduction works.This paper is divided into four parts: The first part is an overview of the basic concepts related to reproduction works.Firstly,the concept and characteristics of reproduction are introduced.Secondly,similar concepts are analyzed and compared.Finally,the reasons why reproduction works should be protected by copyright law are discussed.The second part compares the copyright legislation of reproduction works in different countries of the two legal systems,and analyses the lessons that can be learned from it.The third part summarizes the current situation of copyright protection of copyright works in China from two aspects oftheory and practice,and analyses the existing problems in the process of copyright protection of reproduction works in China.The fourth part puts forward a series of countermeasures to improve the copyright law protection of reproduction works.