Research On The Cognizance Of The Tort Liability Of The Architectural Works Copyright

With the opening up of China's construction industry,architectural works are presented in various forms,and become the focus of intellectual property research.In recent years,the rights of the copyright owners of architectural works are often ignored.There are various kinds of infringement disputes related to the copyright of architectural works.The legitimate rights and interests of architects and construction departments are not effectively protected,which seriously affects the development of the construction industry.Although architectural works are protected as a separate kind of works in China's copyright law,however,some legal provisions on architectural works are still not specific enough,and the relevant provisions are too rough,mainly reflected in the uncertainty of the definition and scope of protection of architectural works,and the recognition of contact and substantive similarity in the rules for the determination of liability for infringement of architectural works copyright There are some problems in the practical application of the method,and there are obvious defects in the provisions of the defenses for the infringement of construction works copyright.These problems lead to certain randomness in the judicial practice.The purpose of this paper is to improve the identification system of copyright infringement liability of construction works and provide a more reasonable and reliable identification standard for relevant judicial practice.This paper mainly includes the following aspects:The first part is the introduction,which mainly includes the research purpose,research significance,research status at home and abroad,paper structure,research ideas,research methods and innovation.The second part is an overview of the relevant systems of the copyright of architectural works.This paper focuses on the basic theories of the characteristics,constituent elements and copyright protection of architectural works,which lays a theoretical foundation for the comprehensive research on the determination of copyright infringement liability of architectural works.The third part analyzes the cognizance rules of copyright infringement liability ofarchitectural works and the existing problems in judicial practice.On the one hand,it analyzes the shortcomings of the current system of cognizance of copyright infringement liability of architectural works,mainly the cognizance of contact with the original works and substantive similarity.On the other hand,through the analysis of the general rules of cognizance of tort liability of architectural works,we can find the loopholes of the above rules in the judicial practice.The fourth part analyzes the defenses of the infringement of the copyright of architectural works.This paper reviews the standards and application of its reasonable use,compares the reasonable use systems of civil law countries and common law countries,and expounds the application concepts,application conditions and operation procedures of this system in different countries.In addition,other defenses such as the limitation of action and the term of protection of the copyright of architectural works are also briefly described,so as to improve the general standard of defenses.In the fifth part,based on the analysis of China's national conditions,the author puts forward the corresponding improvement suggestions.Including: improving the definition of architectural works,expanding the scope of protection of the copyright of architectural works;improving the general rules for the determination of the liability for infringement of the copyright of architectural works;improving the defenses of the copyright of architectural works,mainly including the refinement of the criteria for the reasonable use of judgment,the determination of the starting point of the limitation of action of architectural works and the duration of the copyright protection of architectural works Regulation,and then for judges in the trial of copyright infringement cases of construction works to provide operational reference.