Research On The "Separable" Standard Of Works Of Applied Art And Its Application

Works of applied art are a kind of special works,both practical and artistic.Internationally,the Berne Convention clearly provides legal protection for works of applied art.In our country,the copyright protection of works of applied art is not legally clear.In the judicial practice of the court,the judgements of the object determination of works of applied art are different among the courts at all levels in all regions,but in the final analysis they cannot escape the necessary step of excluding the functionalities in works of applied art.How do different judgment methods concretely exclude their functionality? We can find the answer from the judicial practice case.In view of this situation,the National Copyright Administration explicitly protected the utility works of art as a category of work and provided for the term of protection in the third revised draft of the Copyright Law of 2012.Even so,no consensus has been reached on the controversy over the protection of practical artwork by theorists and judicial practice.Therefore,it is necessary to discuss the standard of copyright protection of practical artwork in order to better guide judicial practice.The author divides the paper into four parts: introduction,text,conclusions,and references.The introduction part mainly includes the research background,the literature review,innovations and deficiencies of the paper,the related concept and protectionof works of applied art,the elaboration of the status quo of the "separable" standard and the problems to be solved through literature review.Drawing lessons from the applicable experience of the "separable" standard in the United States,we hope to help protect the works of applied art in China.The body part is divided into four chapters:In the first part,the author is sorting out the status quo of "separable" standards.The Theoretical Source of the "Separable" Standard Applied by Courts in China's Judicial Practice.Although our country's courts have not clearly defined the separation of the expression and function of works of art,they have permeated the idea of separation when it is determined whether or not they can be protected as works.Through the analysis and research of the case,the status quo and problems of the “separable” standard for practical artworks in China are summarized.The second part examines the application of the“separation”standard in the United States,analyzes how the United States applies its separation standards,and summarizes the protection methods of different works of applied art in the United States.The third part draws lessons from the application of separable standards in the United States,and discusses the application of "separable" standards in China.The concluding part is the separation standard of the expression and function of practical arts extracted through the judicial practice in China,drawing on the United States' protection of the copyright of works of applied art under its separation standard,and finding ways to apply the separation standards to different works of applied art.