Research On The Issues Of Copyright Of Works Of Applied Art

Works of applied art,which have the practical function and the artistic value,perfectly integrating practicality and artistry into a whole,widely exist in daily life.It can not only satisfy people's pursuit of artistic beauty,but also play an important role in promoting economic development.Therefore,therefore,it is of great significance to study copyright protection for works of applied art.Because of the combination of practicality and artistry,works of applied art are distinctly different from practical works of art,arts and crafts and industrial designs.The “Provisions for the Implementation of Copyright Treaties “ stipulates that foreign copyright owners' works of applied art are protected by law,but domestic works of applied art cannot be protected by law,thus resulting in “double treatment” for the protection of Chinese and foreign works of applied art,and “super national treatment” for works of applied art by foreigners.Therefore,in order to solve the above problems,it is necessary to include works of applied art in the scope of copyright law protection.The works of applied art included in the protection scope of the copyright law are different from the art works because of their practical characteristics.Therefore,they can be separated from art works and become independent types of works protected by copyright law.Become the new object of copyright law.There are two important elements of the works of applied art: one is the originality of the works of applied art.The criteria for judging originality of the works of applied art should be satisfied by such factors as the fact that the works of applied art are written independently by authors,with certain creativity,reflecting the author's individual characteristics,and conforming to the legislative purposes and principles of copyright law.The second is the practicality and artistic separability of the works of applied art.In the United States,the practicality and artistic separability of the works of applied art is divided into “physical separation” and “conceptual separation”.Based on drawing lessons from the separability standard of the United States,this paper proposes to adopt the criterion of “combining subjective with objective”.As a special type of works,works of applied art have particularities in copying right and the right to protect the integrity about the protection period.With regard to the special content of copying right of works of applied art,the reproduction from plane to plane and from plane to three-dimensional should be the copying behavior made by copyright laws and regulations while the copying from three-dimensional to plane and from three-dimensional to three-dimensional should not be the copying behavior regulated by copyright law.With regard to the particularity of the right to protect the integrity of works,in the following two cases it is not an infringement of the right to protect the integrity of the author,One is that the user does not infringe the right to protect the integrity of works of applied art when the user repairs the function of the work or the repair after the damage of the work;the other is that in the process of use,if the design and the use of the function is not compatible,the user for this purpose to transform the work,cannot be regarded as a violation of the author's right to protect the integrity of the work.we should learn from the British legislative form of “principle and exception”,that is,works of applied art that are widely put into the market by industrial production shall enjoy a 25-year protection period,while other works of applied art that are mainly made by hand and applied in a small scope can enjoy a 50-year protection period.The limitation of the copyright of works of applied art should be limited to the use of works of applied art for non-commercial purposes.In order to realize the purpose of making the best use of the article,it is reasonable that the application of the right to use the works of art is limited.