实用艺术品著作权的保护

Protection of Works of Applied Art

实用艺术品应当列入著作权保护对象的美术作品类。实用艺术作品作为著作权的保护对象,兼具艺术性和实用性,但艺术性必须同实用性相分离独立存在。独立完成和个性体现是判断独创性的一般标准,实用艺术品独创性的标准应适度低于纯美术作品的独创性标准,且有利于以著作权法鼓励产品创新和市场公平竞争。作品创作差异的必然性与作品表达近似的可能性存在辩证统一关系。接触之合理可能性、实质性相似以及独立创作抗辩是判断侵权是否成立的重要因素。

Works of applied art should be included in the works of fine art, which are offered copyright protection. But as the objects of copyright protection, woks of applied art should satisfy the need of artistry as well as utility. And the artistry can be separated and independence from the utilitarian aspects of the works of applied art. In order to be protected, a work must fulfill the requirement of originality with the common standard of independent accomplishment and personality appearance. To the works of applied art, the requirement should be no so strict as it to the works of fine art. At the same time, the function of encouraging production innovation and realizing fine competition should also be considered. Although there must be inevitability of the difference between work creation and possibility of the similarity between work expression, the elements to determine infringement should include rational possibility of contact, essential similarity and independent creation.