实用艺术品纳入著作权对象的原则

Principles of Treating the Works of Applied Art as the Objects of Copyright Protection

纳入美术作品著作权保护的实用艺术品必须符合作品的条件 ,并被称为实用艺术作品。实用艺术品兼具艺术性和实用性 ,其独创性艺术表达为著作权的保护对象 ,其实用性外观设计为专利权的保护对象。实用艺术品的著作权保护范围仅限于能够脱离产品的实用性而独立存在的艺术性表达 ,不延及该物品所表达的思想观念、制作工艺和实际功能。实用艺术品往往具有工业制造属性 ,手工及“一品制作”

An applied artwork, protected by copyright law on the works of fine art, should accord with the qualities of artworks. An applied artwork is of artistic quality as well as utility. Its unique artistry is under the protection of copyright law and its design with utility is protected by the patent right. The protection of its copyright only covers its artistic expression, which is independent from its utility, and does not extend to the idea it expressed, the productive process and the practical function. An applied artwork has the industrial attribute. Its attributes of 'hand-made' or 'only-one-made' are not the necessary conditions by which we judge whether it can be protected by the copyright law.