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Define the Infringement of Architecture Works’ Copyright

Author: SunXue
Tutor: LiDongMei
School: Dalian Maritime University
Course: Legal
Keywords: Architectural works Infringement Infringement found Constituent elements Originality
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 92
Quote: 1
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Abstract

The building has been hailed as frozen music, and music has been hailed as the flow of the building. With the development of the construction industry, the protection of architectural works is not only the focus of attention of many people in the industry, but also related to the vital interests of the large number of owners. Although our to separate architectural works protected by copyright law a class of objects, but the regulations are still relatively rough, operability is not strong, so its theory and the practice of law, there are many needs in-depth research. Departure from the architectural works copyright theory, focus on the discussion of the violations identified several major architectural works: the first part, the basic theory of the construction works. First, the concept of architectural works to sort out, and buildings, works of art Discrimination. Secondly, in reference to the relevant provisions of the international architectural works protected areas, and compare the architectural works of the various manifestations of the association between the scope of protection of architectural works identified as the building, building design and building models. Finally, the analysis of architectural works subject of rights and clear the significance of architectural works copyright protection. The second part, the performance of construction works violations, characteristics, classification and constituent elements. First reference Ikunori case works of contemporary architecture violations manifestation of diverse, complicated; followed by the combination of the basic principles of copyright law, to discuss the architectural works violations Characteristics and Classification; clear violations constituent elements: ie, without The licensing implementation of construction works the exclusive right to control the behavior of no statutory exemption subject matter. The third part of the construction works violations specifically identified. First discusses the architectural works of originality judgment, which is identified infringing an integral part of, the judgment result of a direct impact on the identified violations of the architectural works. And then for the main acts of infringement of the exclusive right of architectural works to be discussed: Copy infringement of architectural works, copy should include the replication between the three-dimensional plane, copy, plagiarizing, copying identification, these are identified copy infringement must be the problem to be solved; violations of the right to the issue of behavior is mainly manifested in the means of publicity, its identification depends mainly on the issue of the purpose with the permission of the rights; violations of the right to exhibit the right of adaptation, as well as some personal rights The determination of an act also has its own special features, but no matter how complex the infringement, violations constitute basis identified.

Define the Infringement of Architecture Works’ Copyright

Abstract

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