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Paper代写:Copyright Protection of Advertising works

2017-09-08 | 来源:51due教员组 | 类别:Paper代写范文

下面为大家整理一篇优秀的paper代写范文- Copyright Protection of Advertising works,供大家参考学习,这篇论文讨论了广告作品的著作权保护。随着市场经济发展,广告日益成为现代经济生活中不可或缺的重要元素。但是,在广告行业快速发展的同时,围绕广告发生的著作权纠纷也与日俱增。广告作品著作权保护的可能性,关键就是讨论广告作品是否可以归入著作权意义上的作品。

Advertising works,广告作品,英国论文代写,论文代写,paper代写

The article first proves that the advertisement belongs to the works of the copyright meaning, so it is possible to protect the copyright of the advertisement works. Then it points out that the copyright protection of advertising works has the significance of maintaining the competition order of the market economy, making the advertisement and trademark equal protection and solving the copyright dispute of the advertisement works. Finally, the author puts forward three suggestions on the copyright protection mode of advertising works, that is, to increase the advertising works as a separate work form, to implement the copyright registration system of advertising works and to shorten the period of copyright protection of advertising works.

With the development of market economy, advertising has become an indispensable element in modern economic life, whether it is business, advertising creative workers, or consumers, are dependent on advertising. However, in the rapid development of advertising industry, the copyright disputes around the advertising is also increasing, but China's current "copyright law" on advertising works in the legislative provisions of the blank. It is a very urgent task to give the copyright of advertising works and protect it based on the important influence of advertisement on the development of social economy.

The research on the copyright Protection of advertising works is based on the definition of advertising works, so it is very important to define the advertising works. The author thinks, the advertisement works have the broad sense and the narrow sense cent, advertising works in a broad sense, as stated in article 2nd, paragraph 2nd, of the Advertising act of the People's Republic of China, is "a commodity operator or service provider to bear the costs, through a certain medium and form directly or indirectly to introduce their products or services provided by commercial advertising." In the narrow sense, the advertising work refers to the original advertising material entity created by the creative people through the intellectual labor. The author believes that only the narrow-sense advertising works in accordance with the copyright. Therefore, this article only on the narrow sense of advertising works to explore.

To discuss the possibility of copyright protection of advertising works, the most important thing is to discuss whether the advertising works can be categorized into the copyright sense of work. The author thinks, from the nature of the advertisement work itself, the advertisement works have the characteristic that the work should have, should be protected by the copyright law.

Originality is the essential element of copyright law protection of works, and there is no clear stipulation on this issue in our country's legislation and judicial interpretation. However, from the practice of the world, the minimum requirement of originality is "creation of works by author", and the highest standard is "expressing author's independent individuality". The author believes that the narrow sense of advertising works in line with these two standards. First of all, the work is written by the author independently rather than plagiarized. In order to inspire consumers ' potential consumption desire, an advertising work must be accurately grasped in the consumer psychology of advertisement design. and consumer psychology is constantly changing, so the area of advertising is generally less plagiarism, and the copy of the advertising works are generally more difficult to achieve success. Secondly, the work embodies the author's personality. The author's personality manifests itself as the author's unique cognition of things, and this kind of cognition comes from the author's unique Life experience and living environment. In the advertisement creation, the creator's individuality reflected in the advertisement work, also will make the work to have the distinguishing characteristic with other people's advertisement work, and this is the originality of the advertisement work.

Therefore, the narrow-sense advertising works conform to the originality of this element. However, it is necessary to declare that plagiarism can not be regarded as the standard of objectivity only. For similar products, advertising creators may be inspired and creative similar, and thus create similar advertising works. But our judgment on originality can only be that the work is created independently by the author and has a certain personality character, but it cannot be denied originality by similar appearance to others.

From the provisions of the copyright law of our country, we can know that the copyright objects of novels, poems, prose, music, art and photography are all works of culture and spirit, which are closely related to our spiritual life and culture. And advertising works can be divided into advertising copy, advertising art, advertising music, advertising photography, advertising drama, advertising film, advertising, advertising, video, advertising recording, and so on, the form of advertising works also belongs to the field of literature, art and science. Some scholars believe that advertising works can not enjoy copyright, in their view, the essence of advertising works is commercial propaganda, and most of the advertising works are only a brief description of the product, its performance is not artistic or original, so they advocate advertising works without copyright. The author thinks that this kind of advertisement works is not a narrow sense advertisement work, therefore cannot negate the advertisement work to have the copyright.

The narrow sense of advertising works, contains a unique creative author, and the use of artistic means to show the main performance and characteristics of the commodity, so that the audience to the advertising works produced feelings of empathy, so that the audience in the enjoyment of art while stimulating their desire to consume, so as to achieve the purpose of advertising promotion. Therefore, the narrow-sense advertising works not only convey commodity information, but also spread art and beauty, it contains spiritual composition. To sum up, the advertising works can be categorized into literature, art and science fields.

The so-called replicable means that "the thought of a work must be embodied in a material carrier and be reproduced and perceived as a subject". If the advertising works do not have the ability to reproduce, then the advertising creators will not be able to obtain the economic benefits of advertising; This will also lead to the advertising industry has no need to exist. The reproduction of advertising works, mainly reflected in two points. First, the advertising works can be through a certain carrier and in a certain form of material expression, for us to perceive. For example, the tape is the carrier of advertising music, paper is the carrier of advertising copy, advertising photography, advertising video has its own material carrier. Second, the advertising works can be reproduced through printing, photocopying, remake, recording and other ways are copied into multiple copies. The advertisement copy can be printed and copied, the advertisement video can be remake, record, the other advertisement works also can be copied. From this, advertising works are replicable.

The reason why we should legislate the advertisement works in the amendment of the copyright law is not only that the advertisement works can be classified as the works of the copyright, but also the copyright protection of the advertisement works has many important meanings.

It is well known that the prosperity of advertising industry is an important indicator to measure the development of market economy. "The wine is not afraid of the alley deep" has become a history, today's life, "wine will also yell", consumer behavior and advertising is closely related to the good or bad. Therefore, the market of commodity operators or service providers in advertising efforts, advertising operators also racked their brains to create advertising works. However, in real life, there are some manufacturers plagiarism, plagiarism of other people's advertising works, which greatly affect the market economy of the subjects of fair competition and healthy development, but also limited the advertising operators to create advertising enthusiasm.

Trademarks as a symbol of goods, there is a huge economic value behind it. In order to protect the exclusive right of trademark and maintain trademark reputation, almost all countries in the world have enacted the trademark law, and the trademark law is generally regarded as an important part of the legal system of intellectual property. However, many countries do not pay enough attention and protection to the advertising works. In fact, many trademarks are famous because of its advertising has achieved good publicity effect. In the face of trademark infringement, the law gives a comprehensive protection, and in the face of advertising is copied, plagiarism phenomenon, the law does not protect, this is consistent with the concept of the law?

With the rapid development of market economy, advertising works are becoming more and more numerous, so creating a new advertising work is increasingly difficult. Some advertisers plagiarize and plagiarize other people's advertising works, and some companies mimic the reputation of other people's products and mislead consumers. Therefore, the copyright dispute of advertising works is increasing day by day. In the face of such a practical dispute, the court found in the proceedings of the copyright law, tort liability law and anti-unfair competition law, and other laws are not expressly prescribed, the results of the trial varies from place to place. If the law is not regulated in such cases, the unification of the rule of law and the healthy development of the market economy will inevitably result in worse influence.

As the subtitle of this article says, "The copyright law of the People's Republic of China" is undergoing a third amendment, based on the above analysis of the possibility and importance of copyright protection of advertising works, the author thinks that the copyright of advertising works should be expressly stipulated in this amendment and the corresponding protection mode should be constructed.

As mentioned earlier, advertising works in different forms can be divided into text works, art works and so on. These works have been expressly provided in the copyright law, but in view of the significance of the protection of the copyright law to the advertising works, it is necessary to stipulate separately. This may result in the standard of the division of Works is not uniform, but regardless of our current "copyright law" or the Legal Office of the State Council published the "Copyright law", the classification of works there is a problem of the standard is not unified. For example, hand-painted maps are hard to classify as graphic works or artwork. Moreover, many advertising works contain a variety of elements of the form of expression, the advertising works are divided into many elements to protect, which is obviously the protection of copyright in advertising works, such as the transfer of unfavorable. Therefore, it is quite advisable to classify advertising works as a category of work separately. In addition, this practice can highlight the special protection of the copyright law for advertising works, so that the advertising works to obtain the same status as trademarks.

Although copyrights are automatically owned from the birth of the works, however, as the advertising works in the course of use, the general will not be on the department of Advertising creators name, but the name of the advertisers, therefore, article 11th of the Copyright law of the title of the work of the citizens, legal persons or other organizations as the author's provisions, It is not conducive to protect the copyright of advertising creators. In addition, part of the advertising work is the advertisers through the way to collect prizes, at this time the creator of the advertising work is easy to focus on the main advertisers to provide the large bonuses, but forgot to register their own creation of advertising works, Advertisers seeking to save money generally do not go with the creators of advertising works to agree to the copyright of advertising works. However, when the collection of advertising works to achieve good publicity results, the two sides often have ownership disputes. This has been a lot of vivid cases in real life, such as Liu V. Nanning cigarette factory of Guangxi Zhuang Autonomous Region, Nanning Real Dragon Advertising Co., Ltd. Copyright infringement dispute. If the system of copyright registration of advertising Works is established in the copyright law, it can reduce the occurrence of similar cases and provide institutional protection for the creators of advertising works.

The protection period of copyright expires until December 31 of the 50th year after the author's death, which may be necessary for other works, but it is a waste of advertising work. First of all, the advertising works need to be updated at times, an advertising work in a period of time to use repeatedly to improve the awareness of the product is necessary, but if not to change in successive decades will cause the audience to produce aesthetic fatigue. Secondly, the advertising works in the simplification, the same or similar areas of the advertising works are very easy to converge between the situation, if in accordance with the current "copyright law" provisions will be to a large extent limit other people to create advertising works. Finally, the length of protection will limit the development of advertising industry, it is not conducive to stimulating advertising creators to actively innovate and create better advertising works.

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