Research On The Artistic Evaluation Standard Of Practical Art Works

Practical works of art were listed as new types of works in the Copyright Law of the People’ Republic of China(Revision Draft)in 2012,but whether they will become one of the objects protected by the copyright law of our country has not yet been determined.With the scale and industrialization of practical art works in the market,it is believed that the legal status of practical art works will be clear in the near future.In order to speed up the process of legalization and standardization of practical works of art,this paper starts with the analysis of the main existing disputes,summarizes the existing evaluation standards of various countries,and tries to provide assistance for the establishment of the evaluation standards of practical works of art in China.The research of this paper adopts literature research,comparative analysis,case analysis and historical analysis,mainly from four parts.The first part is the introduction.In this part,the research background,research significance,research content and research methods as well as the research status at home and abroad are described.The second part is the research on the basic issues of the artistic evaluation standard of practical art works,which is divided into two parts.On the one hand,it summarizes the main existing disputes on the artistic evaluation of practical art works,including the disputes on the definition of the connotation of "artistry" and the disputes on the setting of "artistic evaluation standard";on the other hand,it analyzes the necessity of the artistic evaluation of practical art works Necessity and feasibility.The third part discusses all kinds of evaluation standards and theories formed in the long-term judicial practice of artistic evaluation at home and abroad.In China,the standards of "equivalent to art works" and "general public" are often used to evaluate the artistry of practical art works;in foreign countries,such as the United Kingdom,the United States,France and other countries,the evaluation standards and theories used include "general artistry standards","author’s intellectual input standards","art history standards","general concepts" The standards combined with separability and the unity theory of artistry,etc.After that,it summarizes and analyzes the standards of various countries,and explores the Enlightenment of different theories on improving the artistic evaluation standards of practical art works in China.The fourth part puts forward some suggestions on the standards for the determination of the originality of practical works of art in China.It holds that the standards for the determination of the originality of practical works of art in China should be based on "multi-dimensional identification" and supplemented by" national cultural heritage".This is an artistic evaluation standard based on the current development trend of practical art works in China and the characteristics of local culture.It is hoped that the establishment of this standard will help the court to evaluate the artistry of practical art works more objectively in the judicial trial.