Viewpoint | Analysis of Intellectual Property Work of Museum Collection Derivatives
Published:
2024-05-25
This paper intends to sort out the intellectual property work of museums, especially the intellectual property issues related to the derivatives of museum collections.
The museum is not only a centralized collection place for intellectual creation achievements in the historical process of human civilization, but also a centralized display platform for intellectual creation achievements. Therefore, it is responsible for the protection and dissemination of the development achievements of human civilization. Museum collection derivatives are one of the effective media to show these civilization achievements to the public, and intellectual property rights are the ownership of the creative achievements produced by intellectual labor. Therefore, in the daily work of museums, intellectual property work must be placed in a particularly important position. This paper intends to sort out the intellectual property work of museums, especially the intellectual property issues related to the derivatives of museum collections.
1. Overview and Problems of Intellectual Property Work in Chinese Museums at the Present Stage
With the gradual increase in my country's emphasis on intellectual property rights in recent years, museums around the world are paying more and more attention to intellectual property work-from the previous protection of only tangible assets centered on cultural relics and ancient buildings, to the simultaneous protection of the value of intangible assets. This idea is reflected in the aspects of institutional construction, system construction and daily work.
Through the investigation of museums in various places, we still find some deficiencies in the intellectual property work of museums. These deficiencies have the following outstanding performance in the creation and operation of collection derivatives:
1. Intellectual property work failed to achieve full coverage in institution building and workflow. Judging from the current museum management regulations, the legal department generally handles matters related to intellectual property rights, and only intervenes when incidents such as authorization and litigation related to intellectual property rights occur. The advantage of such an institutional arrangement is to ensure the professionalism of the work, but the disadvantage is that it cannot achieve effective intellectual property risk control and operation in the creation and operation of collection derivatives. The protection of intellectual property rights also has low efficiency and insufficient protection. The problem.
2, intellectual property work content is relatively single. At present, the focus of intellectual property work in museums is basically copyright protection. A few museums pay more attention to trademark issues, but generally pay less attention to the protection of patent rights. At the same time, intellectual property work mainly focuses on the authorization, licensing and litigation of intellectual property rights, while ignoring issues such as intellectual property risk control. The creative process of collection derivatives is a kind of production of intellectual property rights, and its dissemination process also involves the circulation of intellectual property rights. In this process, it is very likely that there will be problems such as infringement and infringement of other people's intellectual property rights. Instead of solving these problems through litigation, it is better to effectively prevent them in daily work.
3, intellectual property operation capacity has yet to be developed. At present, museums in various places still focus on product operations in the process of collecting derivatives, and the degree of utilization of intellectual property rights is not high. This mode of operation is unable to fully explore and transform the value of derivatives, and can not effectively play the function of spreading traditional culture and artistic achievements loaded by collection derivatives.
Key Points of 2. the Intellectual Property Work of the Collection Derivatives of the Palace Museum
Intellectual property is a more complex legal concept, involving a wide range. This section takes the main content of intellectual property as a clue to sort out the intellectual property work related to collection derivatives.
1. Aspects of copyright
Copyright is the ownership of the author of a literary and artistic work. Museum collections are mainly Chinese artworks, so copyright has become one of the most important tasks of intellectual property protection. Judging from the copyright litigation cases involved in museums in the past, the cases are mainly concentrated in the following categories: one is the use of museum publications by others, which infringes the copyright of the museum; the other is the ownership of image products or publications developed by the museum in cooperation with others. Disputes; The third is disputes when the images and designs used by the museum involve the copyright of others. Collection derivatives is a kind of re creation works based on the original cultural relics and works of art. According to the relevant provisions of copyright law, most of the property rights of works in collections have expired, but their derivatives are still works with copyright. Therefore, effective protection must be carried out.
2. Patent rights
The creation and manufacture of derivatives of the collection involve many copies of the collection, some require unique processes and methods, and some adopt novel and creative special structures, all of which fall within the scope of patent protection.
3. Trademark rights
The museum collection is mainly cultural relics and artworks, which are the carrier of the wisdom of Chinese history and civilization. The place names, names of people and ancient names of things involved are not only the accumulation of Chinese culture and history, but also the medium for displaying these cultures to the outside world. If these names are abused, especially by some shoddy products, it will not only lose the interests of the museum, but also damage the image of the museum and its location in people's minds, and even affect the image of Chinese traditional culture in foreign exchanges. Therefore, in the process of creation and dissemination of derivatives of the collection, special attention should be paid to the issue of trademark rights.
4. Other aspects
In the process of creation and development of collection derivatives, there are other issues related to intellectual property rights that need attention. Such as the protection and utilization of intangible cultural heritage. Intangible cultural heritage is a variety of traditional cultural expressions and cultural spaces that have been inherited by people of all ethnic groups from generation to generation and are closely related to the lives of the masses. Museums and their collections all carry a large number of intangible cultural heritage in China, so the protection and dissemination of intangible cultural heritage is a problem that must be paid attention to in the process of creation and dissemination of collection derivatives. In addition, anti-unfair competition law is also an integral part of intellectual property law. As a kind of cultural and creative products, the derivatives of collections will inevitably enter the cultural market to participate in competition. In this case, special attention should be paid to the competition with unfair competition.
3. Museum Collection Derivatives Intellectual Property Work Improvement Measures
As mentioned above, the work on intellectual property rights in the derivatives of museum collections addresses many aspects of intellectual property rights. In the creation and dissemination of museum collections derivatives, intellectual property work is an extremely important part. This section presents a number of improvements to intellectual property work with a view to providing solutions to the problems described in section I.
1. Expand the coverage of intellectual property work. The protection and management of intellectual property rights is a systematic work, and the development and dissemination of derivatives is not the work of a single department, so it is necessary to refine the work procedures of intellectual property rights in terms of division of labor and workflow. It is necessary to plan the management of intellectual property rights in the daily work of various departments, so as to achieve the effective layout of intellectual property work to a certain extent in the organization, and strive to achieve full coverage. At the same time, formulate detailed intellectual property inquiry, protection, insurance, risk prevention work system and accountability mechanism. In the archives management department, the news and publicity department, and the information network department, the responsibilities and work processes on issues related to intellectual property rights should be stipulated. In this way, derivatives from project establishment to creation, production, operation and other links and participating departments can effectively avoid intellectual property risks, and help to explore possible intellectual property operation highlights.
2. Diversification and comprehensiveness of intellectual property work content. Intellectual property work should be reflected in all aspects related to derivatives. In the process of creating derivatives, we should pay attention to the protection of copyright, and if necessary, register the copyright of some important works. Design patents can be applied for new designs that are aesthetic and suitable for industrial applications. In the process of copying collections or creating derivatives, if valuable new technologies are developed, they should apply for invention or utility model patents in a timely manner. Actively register words and graphics with specific meaning and value as trademarks to obtain protection, and standardize the use of these logos in the process of developing derivatives, so as to achieve the purpose of enhancing brand image. When cooperating with others in the development, the ownership of rights, the distribution of benefits, and the use of trademarks and other signs must be clearly agreed to prevent unnecessary disputes. When authorizing production, display, publication, and sales, the rights must also be reasonably licensed to fully protect intellectual property rights. At the same time, in the process of creation and dissemination, we should pay attention to the protection of traditional culture and prevent the destruction of distorted use. In addition, in the process of derivative development, attention should be paid to regulating the use of foreign materials, inquiring about the sources of the works and technologies involved and the status of intellectual property rights, and making traceable records to prevent infringement of other people's copyrights, patent rights and trademark rights. At the same time, we should not only pay attention to the inviolability of other people's intellectual property rights of products developed by ourselves, but also fully examine whether the creative achievements of cooperative developers or entrusted development institutions or individuals involve the infringement of other people's intellectual property rights.
3, pay attention to the use and management of intellectual property rights. The ultimate purpose of the establishment of the intellectual property system is to promote the creation and dissemination of knowledge. The intellectual property work of collection derivatives should also pay attention to this point. First of all, as the carrier of the achievements of Chinese history and civilization, museums have the obligation to show these excellent achievements of wisdom to the world, and derivatives are an effective display medium; secondly, as works of art, most of the copyrights of collections have entered the public domain and should be The public is free to learn and understand. In the process of protecting the intellectual property rights of derivatives, the public cannot hinder the acquisition of these knowledge; again, the use and dissemination of derivative intellectual property rights is also an effective way to increase museum income, which can enable museums to have more abundant resources for collection, restoration, protection and display of collections. Therefore, in the process of creation and dissemination of derivatives, we should give full play to the resource advantages of the Palace Museum and promote the artistic achievements it carries in various ways. The operation of derivatives should not be limited to the sale of products, but can be carried out in various ways. For example, novel and innovative processes developed in the process of restoring and reproducing collections can be patented and promoted through licensing; for example, unique designs related to collections can be licensed to other manufacturers for related commodity designs. In addition, museums should also pay attention to their own brand building. For example, in order to establish a distinctive and unique public image of the Palace Museum, the museum has implemented a visual image recognition system, which is widely used in official documents, certificates, signs, flags, public relations supplies, environmental layout, etc., and formulated the ''Palace Museum Visual Image Recognition System Use Management Measures "to manage its use. These are the effective use of intellectual property rights.
Key words:
Related News
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
