A Study On Cases Of Disputes Over The Copyright Of The Works Of Practical Art In China

The works of Practical Art is a comprehensive objects which have both functional and artistic characteristics.The antecedent legal system in our country does not make provision to The works of Practical Art,which was be treated as the works of art in judicial practice,and judicial practice also has inconsistent views and standards on such cases,making it difficult for rights holders to protect their legitimate rights and interests,affecting their creative enthusiasm and hindering related industries development of.Based on the cases of copyright disputes on applied art works published on the Chinese Judgment Documents Online from 2013 to 2019,it can be found that in the currently effective judgments,the court has three main disputes in the judgment of such cases:First,whether the products with artistic aesthetic feeling which was produced by product design drawings can be protected by the copyright law;in the second,what is the essential elements to the protection of The Works of Practical Art.Thirdly,whether the infringement determination to The Works of Practical Art should conclude the practical part.First of all,product design drawings can be divided into the product renderings and the product decomposition diagram,we can protect the product renderings as the works of art;the product decomposition diagram can be protected as graphic works;The Works of Practical Art which was produced by product design drawings should be protected as works,because it contains the expression of artistic aesthetic feeling and the choice aesthetic of the producer.Secondly,The works of Practical Art should meet the following conditions:first,they need to embody the practical function;second,they can be separated the practical function from the artistry,another cannot be separated should be judged by purpose driven.It is more appropriate to apply for the patent protection of appearance design,if the main attention is the practical value.In the third,the part of artistic should have certain original level,which is lower than the works of art,while higher than the lowest limitation.Works which meet the above conditions can be protected by copyright law.Finally,we should compare the part of artistic rather than too much practical part in comparison,when involves in the comparison of the similarity of the infringement of practical works.In the process of comparison,we should pay attention to the judgment of the limited expression of the functional designation.In a word,The works of Practical Art should be included in the scope of the copyright law as soon as possible,determine the degree of the individual aesthetic significance;at the same time,in the judge of the infringement,we should pay more attention to distinguish the practically with artistry.