建筑作品的范围争议与辨析

Abstract

With the architectural works become the type of works protected by copyright law in China, theoretical and judicial circles began to pay attention to the copyright protection of architectural works. It is of great significance to define the scope of architectural works, It is not only related to the judgment of architectural works, but also related to the judgment of the content of copyright rights of architectural works, and then related to the judgment of the copyright infringement of architectural works, and finally related to the protection of the copyright of architectural works. The theoretical and judicial circles in China have disputes over the definition of the scope of architectural works. There are different understandings and formed different views. However, different understandings and different viewpoints have brought difficulties to the copyright protection of architectural works, leading to the differences in the copyright protection of architectural works in judicial practice. This paper aims at sorting out the disputes and different viewpoints and discriminating them, so as to settle the relevant disputes and unify the viewpoints, so as to promote the unification of the copyright protection of architectural works.