Issues about copyright Architectural works and construction engineering design drawings

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

2. Oral works. Article 4 of the Implementing Regulations stipulates that oral works refer to impromptu speeches, lectures, court debates and other works expressed in the form of oral language. Oral performances of pre-created works, such as poetry recitations, are not oral works. Oral compositions must be improvised.

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

(1) Musical works

Refers to songs , symphony and other works with or without words that can be sung or played.

Note: For music with lyrics, if the words are used together with the music, the words are included in the musical work. If the words are not used together with the music, they can also be included in the written work. Inside.

(2) Drama works

Refer to plays, operas, local operas and other works for stage performance. Article 4 of my country's Copyright Implementation Regulations stipulates: "Drama works refer to plays, operas, local operas and other works for stage performance."

(3) Folk art works

Folk art is a unique art form in my country. There are currently about 400 types of folk art, among which the main ones are cross talk, allegro, Shu Lai Bao storytelling, Tanci, drum pendant, Qin Shu, etc. Folk art works as stipulated in Article 4 of my country's "Regulations for the Implementation of Copyright Law" refer to cross talk, express script, drum, storytelling and other works performed with rap as the main performance form. It can be in written form or spoken form.

(4) Dance works

refers to works that express thoughts and emotions through continuous movements, postures, expressions, etc.

Dance is the art of human movement. Broadly speaking, it is an art form that relies on the organized, regular and organized movements of the human body to express emotions.

(5) Acrobatic art

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

As a kind of technical performance, my country has rich resources of acrobatic art works. Therefore, when revising, it was clarified that acrobatic art works are the object of copyright protection. Copyright law only protects the artistic component of acrobatics, and the difficulty of movements and techniques shown in acrobatics are not protected by copyright law.

4. Art and architectural works,

(1) Art works

Art works refer to paintings, calligraphy, sculptures, etc. that are represented by lines, colors or other methods. It is a two-dimensional or three-dimensional plastic art work with aesthetic significance. Generally divided into pure art and practical art.

Practical works of art refer to works of art with practical use value and are one of the plastic arts. Applied works of art are not only material products with material practical functions, but also works of art with aesthetic functions. In the past, our country did not protect its nationals’ applied works of art. In the art world, there are different opinions on whether applied arts are works of fine art. Article 2 of the Berne Convention stipulates that the legal protection of applied works of art is determined by each country. If it does not provide protection of industrial property rights, it must at least provide protection of copyright law. But now, applied works of art can be protected as works of art in our country. If you apply for design patent protection, you can protect it as industrial property rights.

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

Refers to aesthetically significant works expressed in the form of buildings or structures . my country's copyright law only covers the building itself, and design drawings and models are separately protected.

The current text of the Berne Convention stipulates that architecture and architectural-related design drawings, sketches and three-dimensional works are the objects of copyright protection. Architectural works include two contents: first, the building itself (only refers to buildings with originality in appearance decoration or design); second, architectural design drawings and models.

An architectural construction drawing is part of a work of architectural art and should also be protected by copyright.

The building itself (only refers to buildings that contain original elements in appearance, decoration or design). The original copyright law did not clearly provide for the protection of architectural works, but they are now protected together with works of art.

5. Photographic works

refers to works of art that use equipment to record the image of objective objects on photosensitive materials or other media. Photography is essentially a technology and a means of recording images of things. In photographic works, you can make full use of the creator's understanding and application of a series of factors such as the intensity of light, the distance and location of people and objects or between people in the picture, the choice of things that make up the picture, the length of photosensitive time and the background. , complete the design and creation of the work.

6. Film works and works created using methods similar to filmmaking; (new terms)

(formerly called film, television, and video works) refer to films shot in On a certain medium, it consists of a series of pictures with or without accompanying sound, and is screened or disseminated in other ways with the help of appropriate devices.

Film is essentially a science and technology, and the expressive power of film art is unmatched by previous art forms. Film works not only have complex expression methods, but the creation process is also very cumbersome. The term "film works" in the Copyright Law does not refer to the staged achievements, nor does it refer to the constituent elements of film art. For example, film and literary scripts provide a blueprint for film production in the form of written expressions. It is not only the basis of film works, but also a literary work that can be read; film music can also be used independently as an independent musical work; filmed in film works Every piece of film is another photographic work. Rather, it refers to the comprehensive art of film.

7. Graphic works, and models

Graphic works refer to engineering design drawings and product design drawings drawn for construction and production, as well as drawings that reflect geographical phenomena and explain the principles or structures of things. Maps, schematics and other works.

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

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

Map is a kind of painting art work whose main purpose is practicality. It uses symbols and cartographic 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, etc. all require that the physical geographical information provided by maps must be objective and precise. This is the performance of maps as scientific works. The requirements of distinction, readability and ease of use, as well as the pursuit of harmonious and beautiful pictures, make maps a kind of fine art. Because map creation is highly objective, the principle when determining infringement is to find the same mistakes. (Because the material is too objective)

Schematic diagrams refer to simple points, lines, geometric figures, notes and other symbols to illustrate more complex things and scientific principles, or to show the specific shape of things. or outline drawing.

Model

Model works refer to three-dimensional works made according to a certain proportion based on the shape and structure of the object for the purpose of display, experiment or observation. Models that are three-dimensional expressions of industrial designs, as well as engineering construction entities and physical products that are constructed in accordance with industrial designs, are not originally protected by copyright law. Both the model and the building are now covered.

8. Computer software

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