Research On The Copyright Protection Of Works Of Applied Art

With the changes in the speed of light of the times,social life is also constantly developing.The daily life of many consumer goods and consumer goods has long been more than just relying on its own practicality and has been subjected to harsh consumer markets and many increasingly critical The consumer's favor.Today,they are more practical than they are,seeking as much as possible and beautiful appearance design or artistic shape to win the attention of the public,so that consumers are given priority in the comparison and purchase.In this regard,putting these works that are both practical and aesthetically sensible and artistic into the perspective of the scope of the law,the issues concerning the area of intellectual property related to the law,that is,related issues concerning practical works of art are really concerned and Discussion,grinding necessary.This article starts with the identification of the concept of practical works of art and various academic viewpoints in China and other countries outside the country,and summarizes the different conceptions.At the same time,it is about practical art works and related concepts that are easily confused,such as practical artworks.Fine art works,industrial designs,etc.have been clarified and identified.Therefore,as the starting point of the thesis and the research basis,the author briefly reviewed the process of reform and improvement of the protection of practical works of art by China's copyright law,combined with the current legislative provisions and actual judicial practice of China's copyright law,and found that it is currently relevant to practical art.The thorny problems of the works still exist,such as inadequate legal basis and reasons for their protection,lack of protection or overlapping protection in judicial practice,ambiguity about the separation of practicality and artistry,and unclear originality.In the core part of the article,the author focuses on the protection elements of practical works of art,that is,the theory of the separation of practical functions from the aesthetic sense of art,as well as the issue of the degree of originality required for practical works of art.First of all,for the theory that the utility function is separated from the aesthetic sense of art,the author takes the experience of many foreign countries that have been at the forefront of the theory as reference in the exploration of this issue and obtains many experiences that may be able to learn from the study in our country.Many of the U.S.standards are predominant.Not only do we have to firm up the practice of the separation theory,but we must also distinguish between the two when they are separable and inseparable,as well as the physical and conceptual differences.Secondly,for the originality of practical art works,the author also discusses and elaborates on the comparison with the general works and art works,that is,from the creation purpose and the final purpose of the practical art works,the degree of originality and height Should be lower than the corresponding requirements of the artwork.After the above-mentioned research foundations,judgement theory,protection status,and current issues are elaborated and discussed,this article focuses on the practical status of overlapping protection in practical art works and the specific protection methods that can be adopted.Considering factors such as the saving of judicial resources,every effort should be made to avoid overlapping protection.In addition,for the protection path,the author believes that for practical art works that do not come from industrial production,in the case where practical functions and artistic design parts are separable,they can be granted to their creators in accordance with the Copyright Law of China for a lifetime plus a protection period of 50 years after death;In the case of inseparability,it can be granted a 25-year period of protection;and for industrial production,practical functions and artistic design are inseparable,the protection of their design patent rights can be given;but if they can be separated At this time,the creators can be left to choose their own protection methods according to their needs.