On Copyright, Architectural Works and Architectural Engineering Design Drawings

1. Written works: Article 4 of the Implementation Regulations stipulates that written works refer to novels, poems, essays, papers and other works expressed in written form. It is a form of expressing thoughts or feelings with words or various symbols equivalent to words (including numerical symbols).

2. Oral works stipulated in Article 4 of the Implementing Regulations refer to works expressed in oral language such as impromptu speeches, lectures and court debates. Oral performance with pre-created works, such as poetry recitation, is not an oral work. Oral works must be improvised.

3. Music, drama, folk art, dance works and acrobatic works (new types).

(1) Musical works

It refers to songs, symphonies and other works that can be sung or played with or without words.

Pay attention to music with words. If lyrics are used with music, they are included in the musical composition. If words are not used with music, they can also be included in written works.

(2) Dramatic works

Refers to stage performances such as plays, traditional operas and local operas. Article 4 of China's Regulations on the Implementation of Copyright stipulates: "Dramatic works refer to dramas, operas, local operas and other works for stage performances".

(3) Quyi works

Quyi is a unique art form in China. At present, there are about 400 kinds of Quyi songs, mainly including crosstalk, allegro, storytelling, tanci, drum pendant, piano book and so on. Quyi works stipulated in Article 4 of the Regulations for the Implementation of Copyright Law in China refer to works with rap as the main form of expression, such as cross talk, fast writing, drum, storytelling, etc. It can appear in written or oral form.

(4) Dance works

It refers to a work that expresses thoughts and feelings through continuous movements, postures and expressions.

Dance is the art of human action. Broadly speaking, it is an art form to express feelings through organized, regular and organized movements of the human body.

(5) Acrobatics

Refers to acrobatics, magic, circus and other works expressed through physical movements and skills.

As a kind of acrobatic performance, China is rich in acrobatic art resources, so acrobatic art is defined as the object of copyright protection when it is revised. Copyright law only protects the artistic elements of acrobatics, and the difficulty and skills of acrobatics are not protected by copyright law.

4. Artistic and architectural works,

(1) works of art

Art works refer to plane or three-dimensional plastic art works with aesthetic significance, such as painting, calligraphy and sculpture, which are composed of lines, colors or other ways. Generally divided into pure works of art and practical works of art.

Practical art refers to art with practical use value, which is a kind of plastic arts. Practical works of art are not only material products, but also works of art with material practical and aesthetic functions. In the art world, there are different opinions on whether practical art belongs to works of art. Article 2 of Berne Convention stipulates that the legal protection of practical works of art should be decided by each country. If industrial property rights are not protected, at least they should be protected by copyright law. But now, practical works of art can be protected as works of art in China. If you apply for patent protection for appearance, you can use industrial property rights to protect it.

(2) Architectural works (in a broad sense: including the building itself, as well as architectural design drawings and models)

Refers to works with aesthetic significance expressed by the condition of buildings or structures. China's copyright law only includes the building itself, and the design drawings and models are protected separately.

According to the existing text of Berne Convention, architecture, design drawings, sketches and three-dimensional works related to architecture are all objects of copyright protection. Architectural works include two contents: first, the building itself (only referring to the building with originality in appearance decoration or design); The second is architectural design and model. Construction drawings are part of architectural works of art and should be protected by copyright.

The building itself (only refers to the original building in appearance, decoration or design). The original copyright law did not explicitly stipulate the protection of architectural works, but now it is protected together with artistic works.

5, photographic works

It refers to an artistic work that records the image of an objective object on photosensitive materials or other media with the help of instruments. Photography is essentially a technology and a means of recording images of things. In photography, we can make full use of the creator's understanding and application of a series of elements, such as the intensity of light, the choice of distance and position between people or between people in the picture, the choice of things in the picture, the length of exposure time, background and so on, to complete the design and creation of the work.

6. Film works and works created by similar film production methods; (New clause)

Film, television and video works refer to works which are shot on a certain medium and consist of a series of pictures with or without sound, and are projected by appropriate devices or spread by other means.

Film is essentially a science and technology, and the expressive force of film art is incomparable with previous art forms. Film works are not only complicated in means of expression, but also complicated in creative process. The film works referred to in the Copyright Law do not refer to the staged achievements, nor to the constituent elements in the film art. For example, the script of film literature provides a blueprint for making movies in words, which is not only the basis of film works, but also a literary work for reading. Film music can also be used as an independent music work; Every film in a film work is another photographic work. Refers to the comprehensive art of movies.

7. Graphic works and models

Graphic works refer to engineering design drawings and product design drawings drawn for construction and production, as well as maps, schematic diagrams and other works that reflect geographical phenomena and explain the principle or structure of things.

Engineering design drawings refer to design drawings specially used for construction.

Product design is the design of industrial products. The products mentioned here are different from handicrafts and pure artistic industrial products, but refer to industrial products produced on the basis of modern industry.

Map is a painting art work with the main purpose of practicality. It uses symbols and mapping principles to represent natural phenomena on the ground and in society. It is the crystallization of scientific and artistic works. Economic production, material life, transportation and communication all require that the natural geographical information provided by maps must be objective and accurate, which is the performance of maps as scientific works. The demand for distinctiveness, readability and ease of use, as well as the pursuit of harmonious and beautiful pictures, make maps an art. Because of the objectivity of map creation, the principle of infringement judgment is to find the same mistakes. (Because the objectivity of the material is too strong)

Sketch refers to using simple symbols such as points, lines, geometric figures and notes to explain complex things and scientific principles, or drawing sketches to express the specific shape or outline of things.

model

Model works refer to three-dimensional works made in a certain proportion according to the shape and structure of objects for display, experiment or observation. The three-dimensional expression model of industrial design, as well as the entity of engineering construction and material products completed according to industrial design, are not protected by copyright law. Now models and buildings are included in the scope of protection.

8, computer software

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