Principles of Treating the Works of Applied Art as the Objects of Copyright Protection
Ding Li-yin · Journal of Xiamen University · 2004
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.