The Work Of The Model Identifies The Predicament And Overcomes

The model is a kind of independent work in the object of copyright law in China.Although it is a kind of work with a small number of disputes in judicial practice,the dispute has caused a lot of controversy.There are many problems in the process of identifying the works from model items to models.The first problem is that the provisions of the model works in the current copyright law have contradictions in interpreting the model works.This contradiction makes the works of the model become subjective.As a result,the judges have found that the results of the referee have different standards.For example,the work of the model of the jianshi aircraft has undergone a process of recognizing the work of the aircraft model without constituting the model work until the final review of the model work.In addition,there are also referees in the case of analyzing the works of other models.The result is different.Based on this,most scholars believe that the definition of model works is flawed,and the call for modifying the definition of model works is high.In the third draft of the revised draft of the Copyright Law,suggestions for the revision of model works are also proposed.But so far there has not been a more unified interpretation of the model works,and it is worthwhile to study the problems faced by the model works only by modifying the definition of the model works.In this regard,the author chooses from the perspective of the model's work identification,combined with the problems existing in the judicial judgment of such works in practice,from the actual discussion of the model's work identification.Therefore,this paper firstly points out the main obstacles in the identification of model works,pointing out the main obstacles in practice,which are the problems of the contradiction between the current legal provisions and the types of models,and the same creative expressions falling into different categories of works.The problem is followed by the author's analysis of these problems,pointing out the causes of these problems,from the source of legislation to explore the defects of China's legal provisions,from the different standards of work identification found that the reason is that there are differences between the various models.Through the analysis of the above dilemmas and causes,the author finds the corresponding solutions.The first thing that needs to be solved is the deficiencies of the existing legislation.Through the relevant foreign legislation analysis,some of them are used for reference to improve the existing regulations on model works in China.It removes the existing model work system and provides theoretical support for solving the dilemma that the same creation falls into different work categories.As for the problem that the model identification standards are different,since the model can not be classified into one type of works,in order to effectively solve the problem of different standards,it is necessary to distinguish these models to discuss the problem of identification of their works.