Research On Copyright Protection Of Architectural Works

With the increase of population and the development of economy,all kinds of buildings have appeared in every corner of the city.We talk about life,that is,talking about clothing,food and shelter,and building buildings.The first thing we think about is housing,which corresponds to our "living".In the eyes of ordinary people,the difference between living houses is more about the difference between large and small areas and interior decoration,but in the field of architecture,It not only represents a kind of functional embodiment,but also contains technology and artistry.Housing is the case.All kinds of gymnasiums,museums and landmark buildings are more like this.Architecture is not only the expression of the inner expression of the architect,but also the "singing stone".The completion and completion of a building cost huge investment and involves complicated personnel.The "interest cake" involved in it is very huge.With the increasing number of disputes about copyright disputes in architectural practice,the current legal policies can not effectively protect the legitimate rights and interests of copyright owners of architectural works.How to effectively protect the copyright of construction works is a matter of impatience.To protect the copyright of architectural works,we should first discuss the related issues of the definition of copyright in architectural works.From the three parts of the concept,constitutive requirements and the significance of copyright protection,the architectural works need to be original and reproducible in order to become the object of protection of copyright law.However,because of its particularity,the definition of architectural works in practice is varied.The definition of copyright is also very complicated.Obviously,the copyright protection system with perfect architectural works is the premise for effectively protecting the most basic rights and interests of the healthy development of China's construction industry.It is very necessary to define the copyright of architectural works accurately.In combing the related problems of the definition of copyright in architectural works,we can find that the main problems existing in the study of copyright in architectural works are the scope of protection of works and the standard of tort identification.However,this rule separates the links between architectural design drawings,models and buildings as a whole.Since China did not realize the importance of copyright at the beginning,the related legislation was late,and the infringement identification of architectural works was not perfect enough,specifically manifested in the standards of originality identification,duplication identification and substantive identification.Drawing on extraterritorial experience is essential.In combination with extraterritorial experience,it can be seen that for the scope recognition of architectural works,the United States and Germany both believe that the architectural design and architectural models are included.In the identification of duplication methods,they also believe that there are two to three dimensional transformations,and the standards adopted by Germany in originality are relatively strict.There are many methods and rules for us to identify substantial similarities.It is worth learning from different countries.Due to the differences in national conditions and cultures,different countries have conflicting and differences in the relevant theories and provisions on the protection of copyright in architectural works.It is possible to arrive at a solution that is compatible with China's national conditions.Our country should expand the scope of architectural works,and its scope should not only include buildings and structures,but also include architectural drawings and related drawings and architectural models.The corresponding design drawings and models that have not been built should also be included in the scope of architectural works.The criteria for judging the originality of architectural works should not be particularly harsh.We should filter out some elements of function,technology and public domain to judge the artistry.We should rationally divide the types of duplication so as not to cause contradictions in practice,and we should improve the standards of substantive similarity.To prevent the judge's subjective arbitrariness is too strong.The change of the definition and scope of the architectural works will make the corresponding copyright determination and infringement identification standard change.Therefore,when studying this problem,it should constitute a complete system to better protect the copyright of architectural works.