WANG Jinhai, LI Danfeng

(Jingdezhen Ceramic University, Jingdezhen 333403, Jiangxi, China)

Extended abstract:

[Background and purposes] Applied ceramic works not only have practical functions to meet the needs of daily life, but also integrate the creator’s artistic aesthetics and cultural expression, serving as an important carrier for the inheritance and innovation of ceramic culture. However, due to the absence of a clear legal definition for works of applied art within China's Copyright Law, problems such as unclear concepts and ambiguous characteristics have made it difficult to form a clear and unified definition of applied ceramic works and clearly define their protection boundaries. Therefore, the issue of copyright protection for applied ceramic works is essentially a legal response to the modern transformation of traditional handicrafts. By analyzing the characteristics of applied ceramic works and constructing applicable rules for separability, this paper is aimed to provide clear theoretical guidances for defining their rights boundaries, thereby laying a suitable legal foundation for the copyright protection of applied ceramic works.

[Methods] Two primary methods are employed, literature survey and case analysis. The literature survey method systematically examines relevant materials, including academic papers, research reports and policy documents, on copyright protection for works of applied art, the separability test and the legal nature of applied ceramic works. It is to summarize the achievements, controversies and shortcomings of existing research to identify the entry point and focus of this study. Meanwhile, it draws on foreign legislative and theoretical experiences to provide a solid comparative law basis and empirical support for the theoretical construction and specific rule design of the application of the separability test. The case analysis method focuses on copyright dispute cases involving applied ceramic works in China's judicial practice in recent years. It selects the typical case of Guiding Case No. 157 of the Supreme People’s Court as the core, conducts an in-depth analysis of the key points, reasoning and application of such cases, and examines the courts’ judicial thinking, criteria, argumentation logic and factors considered when judging whether applied ceramic works meet the separability standard. The consensus and divergences formed in current judicial practice are also summarized, thereby providing a practical basis for establishing a scientific and reasonable typological approach to the separability test and resolving practical difficulties in real applications.

[Results] Copyright protection for applied ceramic works focuses not only on their utilitarian functions and artistic expressions, but more importantly, on recognizing their original value and the creative wisdom they embody. This helps to clearly define the boundaries of rights among applied ceramic works, ceramic art works and ceramic products. Moreover, through clear protection rules, a positive interaction between copyright protection and industrial development can be achieved. Although the separability requirement has become a key criterion for copyright protection of applied ceramic works, playing a positive role in standardizing rights determination and resolving judicial disputes, there exists an inadequate fit between the existing judgment standards and their practical application. Shortcomings remain in aspects, such as the definition of the perspective of judgment, the coordination of subjective and objective standards and the establishment of a typological approach to assessment. Therefore, to achieve scientific protection of copyright in applied ceramic works and the healthy development of the relevant industries, institutional optimization is needed to further refine the application scenarios and detailed criteria for the separability requirement.

[Conclusions] Copyright protection for applied ceramic works is a systematic project that combines profound theoretical depth with practical complexity. Based on the three core characteristics of applied ceramic works, this paper systematically demonstrates the necessity and feasibility of incorporating the separability requirement into the copyright protection system and constructs an operable application path. It is found that the introduction of the separability test is precisely the key to balancing artistic protection and public use. It can not only resolve the gap between professional perspectives and public perception, but also effectively prevent functional design from excessively obscuring artistic expression. Specifically, in judicial practice, the determination of conceptual separability shall be based on the perspective of the general public and an examination of the work itself, while an accurate determination shall be made by combining the alteration test and the dual subjective and objective standards of the creative process. In its application, courts should first identify the existence of utility and artistic quality and then flexibly choose the order of applying the separability test and the originality test according to the specific circumstances of the case in question. This approach can provide clearer legal guidance for the innovative development of applied ceramic works, thus truly achieving the ultimate goal of stimulating the vitality of ceramic cultural innovation and promoting the inheritance and development of excellent traditional craftsmanship.

Key words: applied ceramic works; separability; practical function; artistic expression