Research On The Accession Protection Mode Of Architectural Works

With the development of the construction industry,attaching other works to existing buildings or cultural relics is an effective way to enhance the artistry of architectural works.However,whether this way of innovation will have a negative impact on the entry of cultural relic buildings that have not been protected by the copyright law into the public domain,or what kind of legal effect it will have on the copyright of buildings that are still under the copyright protection period,and how to determine the ownership of the overall use,income,disposal and infringement of the attached buildings are problems that this paper focuses on.However,the discussion on “Whether the Shooting of Eiffel Tower at Night Infringes the Copyright or Not” is an exploration of applying the traditional additional rules to the field of copyright.First of all,this paper discusses the work attributes of Eiffel Tower and the light show design in the sense of copyright law,confirms its legal status that can be protected,and analyzes the rules of addition in French Civil Code,which can be applied not only to tangible property,but also to intangible property,and then to the field of copyright.Taking this as a theoretical basis,and according to the legal relationship between the two,the ownership rules of other works attached to architectural works are summarized: According to the agreement between the litigant and the value of the attached architectural works and other attached works,the status of "Principal Copyright" and "Accessory Copyright" of the two works is determined.Whether the whole copy of the appended works infringes or not depends on whether it aims at the copy of " principal copyright " or " accessory copyright ".According to the discussion on the introduction of the mode of appended protection in the field of intellectual property in the academic circle and judicial practice in China,this paper tries to demonstrate the feasibility of introducing the rules of additional protection in the field of copyright law of our country.