A Study of Applying Technology to Avoid Copyright Infringement of Artistic Works Dispute

• Main Authors: CHIU,HSIN-I, 邱馨儀
• Other Authors: CHU,HSU-CHENG
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/83451219093726509188

碩士 === 實踐大學 === 工業產品設計學系碩士班 === 104 === On the issue of art copyright infringement, currently only law professionals have conducted research and discussion, but most of the studies focused on the practice of legal principles and the applicability and change of theories, and little efforts were spent on the comparison and contrast between the copyright law and the creator’s design process from the artist's perspective. The purpose of this study is to analyze the existing art copyright violation cases, and in a colloquial way briefly describes the legal definition of an illegal reproduction of art works, and the elements for a legal judgment. Then an insight is obtained from the cases and a conclusion is drawn on the details ignored by designers or not recorded in the creation process, and a set of corresponding codes against plagiarism is proposed. It is expected that due to the conclusion of this study, designers can in the creation process pay attention to and record the decision points for key designs, and avoid many unnecessary disputes. This study first sorts out the basic definition of an illegal reproduction in Taiwan’s Copyright Law through literature review, and then analyzes the classic cases of domestic and international copyright laws to sum up the current elements and principles for judgment of illegal reproduction and plagiarism. Furthermore, qualitative interviews are conducted with legal professionals concerning similar cases of applied art works that have not gone through proper legal procedures to find from them the possible missing parts in today's creative design process. It can be known from the literature and interviews that there are two major issues in today's creation process. The first one is on data collection; creation results are similar probably due to the same literature referred to. The second is a lack of a set of complete and detailed creation record by the creator in the creation process. Therefore, in addition to providing for reference existing data preservation methods recognized by law, this study takes advantage of the development of technology and creates a mobile phone and computer web system with a set of image comparisons and a design process record, hoping to provide creators with a better environment for creation and achieve the goal of using technology to avoid art works infringement and self protection.