Research On The Cognizance Of Copyright Infringement Of Architectural Works

In recent years,there are many cases of copyright infringement of architectural works,and the judgment of relevant cases is also controversial.The reasons are various.First of all,although the expression form of architectural works has been expanded from three-dimensional to two-dimensional plane and three-dimensional in the copyright law(Revised Draft for review),the definition and scope of architectural works are still unclear,so it is necessary to further explore the definition and protection scope of architectural works.Secondly,in the judicial practice,there is no uniform rules for the determination of infringement of architectural works.Generally,"the dichotomy of thought and expression" is used to determine the scope of protection of works,so as to identify the infringement of works.However,as a functional work,the design of architectural works needs to meet the safety of the building structure,and the construction process of architectural works also needs to meet the requirements of standardization.Architectural works have both functional and artistic characteristics,which makes it difficult to distinguish between their ideas and expressions,which results in the shackles of practical application of the method of determining the infringement of architectural works.Finally,the defense of copyright infringement of architectural works is also controversial.For example,when determining the reasonable use of architectural works,"reasonable way and scope" needs to consider the user’s purpose? The commercial copying of architectural works belongs to reasonable use or infringement.When there is a conflict between the copyright and the ownership of architectural works,which one has priority? Therefore,in order to better protect the architectural works and promote the prosperity and stability of the construction market,these problems need to be clear and solved in the identification of the infringement of architectural works.To solve the problems and disputes related to the infringement of construction works,comparative analysis,value analysis and case study are needed.Comparative analysis is to determine the proper meaning of the scope of protection of architectural works by studying the definition and scope of protection of architectural works at home and abroad,and combining the characteristics of the construction process of architectural works.The case study method is to analyze the infringement cases of architectural works in recent years,to analyze the protection scope of architectural works,the reasonable use of architectural works and other related issues by quoting the "bird’s nest fireworks case",and to illustrate the perfection of the identification method of infringement of architectural works by quoting the "Porsche case".The value analysis method is from the perspective of the balance between the social public interest and personal private rights,analyzes the division of the ideas and expressions of architectural works,explores the boundary between the reasonable use system of architectural works and the determination of infringement,the boundary between the copying infringement of architectural works and the deduction behavior,etc.How to solve the problems existing in the confirmation of copyright infringement of architectural works.First of all,determine the form of expression of architectural works.Through the research on the relevant provisions and judicial practice of the copyright law at home and abroad,combined with the functional characteristics of the architectural works,the expected forms of the architectural works should include threedimensional buildings,architectural models,two-dimensional graphic design drawings,sketches,etc.,and at the same time,the two-dimensional forms of expression should be limited,that is,the plane design that has aesthetic significance and can reflect the appearance of the architectural works Only the plan and sketch can be used as the expression form of architectural works.In addition,the interior decoration and design with unique artistic conception should also be included in the scope of protection of architectural works.Secondly,improve the identification method of infringement of architectural works.In the determination of copyright infringement of architectural works,the three-step test method,as a method of infringement determination,directly distinguishes the thoughts and expressions of architectural works.The judge can first consider the originality of architectural works,and then distinguish the thoughts and expressions of architectural works.The originality of architectural works and the expression of ideas determine the relationship between inclusion and inclusion for the object of architectural works.That is to say,the expression of architectural works may not be the object of protection of copyright law,but the expression of originality of architectural works can be protected by copyright law.In other words,only the infringement of original expression can constitute the infringement of the copyright of architectural works.As for the originality of architectural works,the analysis and determination of its originality need to introduce the system of experts’ participation.When the buildings conform to the originality of "middle level",they can be regarded as architectural works.To analyze the originality of green building works,we need to break through the principle that copyright law does not protect the functionality,and bring the functional design elements of green building works into the standard of originality.Finally,the ownership of architectural works should take precedence over its copyright;the commercial copying of architectural works should be defined as infringement,and the limits of reasonable use of architectural works should be detailed.Therefore,the problems existing in the determination of infringement of construction works can be solved through two aspects of legislation and judicial procedures.In terms of legislation,for the definition and protection scope of architectural works,the copyright law of the people’s Republic of China(Revised Draft for review)should be clear and detailed,and at the same time,it should be clear that the commercial copying of architectural works belongs to the infringement of architectural works.In addition,in the judicial process,we should introduce the system of expert participation in order to strengthen the identification of the originality of architectural works,so as to use the "dichotomy of thought and expression" to determine the scope of protection of architectural works and identify the infringement of architectural works.