建筑作品的著作权保护-法学专业论文.docxVIP

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract In the architecture industry in our country, the law is relatively weak to the protection of works of architecture. Among the same architecture trade, there’s massive phenomenon of copying. The indeterminate of legislation on the works of architecture lead to the weak idea of right protection of the architecture designers. The tort phenomenon happens occasionally. The thesis starts with the analysis of the concept. Through the following four parts’ content, the thesis demonstrates on the protection of the works of architecture in our country. For the first part, it demonstrates the concept of the works of architecture, domestic and foreign laws and regulations, and the definition of the works of architecture made by the scholars. Besides, it analyzes the difference of concept among works of architecture, works of art, and the works of applied art. The particularity of the works of architecture is explicit. For the second and third part, it analyzes the connotation of works of architecture. The judgment standard with “originality” in the works of architecture is understood further. Moreover, the scope of protection related to the works of architecture in our country is confirmed. The thesis also puts forward the rationality of the integrated protection of buildings, design drawing of architecture, and model of architecture. For the forth and fifth aspect, it focuses on the protective content of the works of architecture. It analyzes the reason for the special exercising of authorship right of architecture works. The imperfection of right of reproduction of architecture works and the resolution are mentioned. In the sixth part, the thesis refers to the meaning to take works of architecture as the object of copyright protection as well as the defects of domestic legislation and the suggestion for resolution. Keywords: Architectural works, Copyright, Originality, Scope of protection of architectural works. 独创性声明 本人声明所