Research On Copyright Protection Of Applied Works Of Art

With the development of my country’s economy and the continuous improvement of people’s consumption level,applied art is very popular in the consumer market because of its practical value and artistic value.The applied art-related industries represented by toys,furniture,clothing,etc.have developed rapidly.However,the dividends brought by the rapid development have also made some unscrupulous businessmen develop inert thoughts.The phenomenon of plagiarism,copying,and homogenization in the industry has begun to appear,and the number of copyright disputes related to applied works of art has also increased sharply.In recent years,more and more rights holders have begun to pay attention to seeking copyright protection for applied works of art,and it is of great significance to study the protection of applied works of art in this context.Applied art is different from other types of works because of its dual characteristics of practical function and artistic aesthetics.At present,my country’s "Copyright Law" has not given the legal status of the applied artworks,resulting in the failure to protect the legitimate rights and interests of the right holders of the applied artworks in my country,which has become an important reason for hindering the further development of the applied artworks in China.By retrieving,summarizing and analyzing relevant cases,this paper focuses on the key issues in current legislation and judicial practice.On the one hand,it distinguishes and analyzes applied works of art and works of art,and clarifies the legal type positioning of applied works of art;The theoretical traceability of the separation principle and the investigation of specific separable standards try to construct specific separation methods and standards suitable for my country’s national conditions,in order to provide some useful help for the theoretical research of my country’s applied works of art.Exception introduction,this article is divided into four parts.The first part is the question.From the perspective of my country’s legislation and judicial practice,through the summary of relevant cases,it is concluded that there are three problems in my country’s judicial practice regarding the protection of applied works of art: the lack of an independent judgment system,the uneven application of the separation principle, and the inconsistent requirements for originality and art.It is a major problem,and it points out the direction for the research on copyright protection of applied works of art.The second part is the typological analysis of applied works of art.Starting from the definition and characteristics of applied artworks,on the basis of clarifying the connotation of applied artworks,this paper makes a comprehensive analysis of applied artworks and similar types of works,and clarifies the theory,theory and practice of protecting applied artworks as independent types of works.The practical significance lays the foundation for further limiting the scope of protection of applied works of art.The third part is the definition of applied works of art under the principle of separation.Beginning with the theory of separation principle,take the United States as an example to conduct extraterritorial comparative research.Combining the applicable experience of the physical and conceptual separation methods in the United States with the specific national conditions of our country,the specific separation method in our country is determined and the specific concept of the conceptual separation test standard is proposed,in order to reasonably define the protection of applied works of art.scope and avoid improper extension of its practical functions.The fourth part is the improvement suggestion.From the perspective of clear legislation and unified judiciary,the types of applied works of art are separately included in the Copyright Law for protection,and at the same time,they are given a shorter protection period of 25 years.In the specific judgment process,firstly,select the appropriate separation criteria for the characteristics of the applied works of art in combination with the actual situation,and secondly,conduct a specific examination of the originality and artistic height of the separated artistic components,and unify the judicial judgment rationale.