建筑作品著作权问题研究

A Study on Issues of Copyright System of Architectural Works

建筑作品的保护在我国知识产权保护中还处于尚待完善的阶段。2001年修订的《著作权法》仅规定建筑作品是著作权保护的客体,缺乏具体操作条款。基于建筑作品的特殊性,《著作权法》应将其作为一类独立的客体予以保护。建筑作品著作权的保护范围应包括具有独创性的建筑设计图、建筑模型及建筑物。建筑作品著作权的权利主体在没有约定的情况下为建筑师所属的设计单位,但委托人可以合同约定的方式改变权利的归属。应当针对建筑作品人身权和财产权的特点增设相应法律条款,构建相应的著作权制度框架。

This article discusses issues related to the protection of the copyright of architectural works. The protection of architectural works in China has been in the stage calling for much improvement. The provisions of the Copyright Law amended in 2001, which only prescribe that the architectural works fall within the object protected herein, are too brief and insufficient to be applicable in practice. With the consideration of the copyright development in architectural works after China＇s entry into WTO, in reference to the legislation listed in Berne Convention and enacted by other countries and regions, and using the principle of Copyright Law, this paper expounds the meaning, protection scope, subject, and contents of architectural work copyright. Based on the characteristics of architectural works, the copyright should be protected as an independent sort of object in Copyright Law. The scope of copyright protection of architectural works shall include the original architectural design drawing, original architectural model and original architectural building. The copyright ownership of architectural works shall fall within the designing institutions in the absence of agreement, unless otherwise agreed by both parties. Issues concerning the way the author of an architectural work exercise his right of publication, of authorship, of modification and of protecting the integrity of the said work should be taken into consideration during the legislation process in the future. Specific rules and regulations suited to the characteristics of personal right and property right of architectural works shall be enacted in a bid to perfect the legal framework of intellectual property protection.