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Legal Analysis of the Copyright Protection of Applied Art Works

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DOI: 10.23977/ETSS2020032

Author(s)

Yuxian Luo

Corresponding Author

Yuxian Luo

ABSTRACT

Applied art works have both artistry and practicability, its protection should be different from the general sense of art works. For works of applied art in the sense of copyright law, artistic expression and practical effect should be separable, and copyright law only protects original artistic expression. For the physically separable works of applied art, their originality should be equal to the works of art; for the conceptually separable works of applied art, the aesthetic factors should be determined by ordinary consumers, and the aesthetic function should be stronger than the practical function and higher than the artistic quality of the general works of art

KEYWORDS

Applied art works, Copyright protection, Originality, Separability

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