The bronze dragon embodies mental feature of heavy

Mazer copyright infringement case is considered to be already registered as a patent bronze sculptures on the history of the United States open a precedent for copyright protection in the case , the top U.S. federal court believes that copyright and patent protection of patent rights is an invention idea, copyright protection of works conceived form of expression, does not involve the substance of the work reflects the copyright protection of art, while the design protection is a novel invention of the decorative design. These are the reasons that why the ritual bronze are in full flourish at that time. The United States in 1976 enacted a new copyright law on the practicality of bronze sculptures give copyright protection to make express provision. the provisions of section 101 of the U.S. copyright law, "the design of real goods, exist when it has graphics, sculpture or bronze sculpture features the practicality of the items separated, independent of the practical aspects of the items, but only in this extent, the design should be considered graphic carving or bronze carving products.
"This is the U.S. copyright theory in the famous" separation characteristics and the principle of independent existence. Under this principle, the only designs that can be separated from the practicality of the items in the form of bronze sculptures to be the double protection of the copyright law and patent law. This unique bronze statue is exquisite and rich in decoration on the aspect of pattern design. Therefore, industrial designs, artistic component and industrial applications ingredients separable divided into: the design of the art components and industrial applications, components can be separated, and its artistic component as pure works of art protected by copyright laws. Meanwhile, the Industrial Designs You can also apply for patent protection; artistic composition and the composition of industrial applications can not be separated, can only apply for patent protection is no longer subject to copyright law 1 case.
 The appellee Stein (Stein) is a manufacturer of lighting, it's a partnership created one with a non-completely non-absorbent ceramic male and female dancing figures carved bronze, after the completion of the works, a copyright registration for appellant Mazer (Mazer) copied the chinese bronze, the appellee Stan prosecution to the district court, accused of Mazer copyright infringement. Mazer filed a counterclaim, asking for the abolition of the copyright, 1954, the U.S. Supreme Court in accordance with U.S. Copyright Law Implementation Rules "provisions that where you can obtain the patentable subject matter can also obtain a copyright, in order to make the right favorable judgment of the copyright owner. And the content of the bronze is mysterious, solemn and even terrible.
SeeMazer cited Mingde design of legal protection Journal of Zhengzhou University (Social Science Edition), such as U.S. revival carpet company v. Shandong Province special arts and crafts out of 12 companies, Wuqiao County, Hebei Foreign Trade and Economic Council Ruifeng copyright infringement. see the Beijing First Intermediate People's Court ( a Zhongzhi Chu Zi No. 132, 1999), civil judgments, the Beijing Higher People's Court (2002) high final word No. 279 civil judgments. dam ten '7: The how Papers protection. The bronze dragon embodies mental feature of heavy, constrain and enthusiastic sense. From the above-mentioned cases and legislation see that the U.S. were separated by bronze sculptures, artistry and practicality, in order to clear the case of bronze sculptures only artistic, without prejudice to the bronze sculptures made copyright; But when chinese bronze sculpture only practicality without artistic or in both practical and artistic separation can only apply to the Industrial Property Law, subject to the legal protection of industrial property.