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Study on Infringement Liabilities of Cinematographic Works

Author: WangShiJie
Tutor: LiuHua
School: Central China Normal University
Course: Legal
Keywords: Cinematographic works Copyright Tort Liability Imputation Principles Legal Remedies
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 122
Quote: 2
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Abstract

Lenin once said: \It is not just a way of entertainment of people, it is a culture of transmission. The movie is the development of science and technology on the basis of an integrated arts. The progress of science and technology for the film provides a richer creative means to open up more channels and the spread of the movie, and also opens up a broader audience market, but it also poses challenges to the development of the film. The application of science and technology in the field of cinema, the same is a double-edged sword. On the one hand, it is the basis of the movie the survival and development, science and technology every step forward will further expand the development space for the film; science and technology, on the other hand, a state-of-the-art tools and instruments for film copyright infringement considerable extent, hindered the development of the film. Throughout the history of the development of world cinema, almost a history of the struggle with the technological innovation, movie copyright infringement. In the initial the film movie propagation period, due to technical limitations, the infringement on the movie works generally limited to unauthorized public places other than cinema screenings, the rights of the people are more likely to protect their own rights; disc movies with the spread is recording equipment technology improved and DVD players families popularization and development, which makes the pirated discs easily into the household, causing huge losses to copyright owners, and also brought a difficult road rights; today digital film, is produced by the combination of computer technology, digital technology and communication technology under a new kind of film works form, the Internet has made the illegal copying of the film works, reproduced, transmitted extremely easy, so that the film copyright easier by unprecedented infringement. Therefore, how the era of digital technology to protect film copyright will become an important content of the national laws can not be evaded. With many other literary and artistic works do not have the characteristics of film works as a performance art in the form of an integrated, precisely these characteristics to the formulation and application of relevant laws and has brought great difficulties. Past for a long period of time, our theoretical circles lack of close attention to the film copyright protection, resulting in theoretical research in this regard is still quite poor, lack of study of this theory is bound to affect the level and enhance the quality of legislation and law enforcement. Therefore, the strengthening of the movie copyright infringement Research, not only of great theoretical significance, but also has far-reaching practical significance. Inspect domestic and foreign scholars on issues related to the study on the basis of, and our practice, discussed the theme of the film copyright tort liability, is divided into four parts. The first part of the analysis of the general problem of the film works. Talking from the concept of the movie works, discusses the movie works, and the special relationship of the film copyright laws. The second part of a detailed analysis of the basic legal issues of the film copyright infringement liability. The movie copyright tort liability, the analysis, the Principles of Responsibility, components and other aspects related theoretical discussion. Movie copyright infringement issues to the Principles of Responsibility for the rights of people to stop infringement or damages request, to distinguish between the different scenarios, respectively, applicable to different imputation principles. The third part of the movie copyright tort liability type of performance and defenses are discussed. Based on different standards, the performance of a different type. Copyright infringement has become more complex features of the movie works for the Information Age This article focuses on the film copyright protection from indirect responsibility discourse. Defenses, respectively, from the rational use of the statutory license and copyright lapsed. The fourth part discusses the legal remedies of a movie copyright infringement liability. , Respectively, from the three aspects of civil, criminal, administrative and legal remedies to discuss the movie copyright infringement liability based on the combination of the actual situation. This section discusses civil relief method and proposed a number of legislative proposals, mental damages and punitive damages from the third party liability regime angle.

Study on Infringement Liabilities of Cinematographic Works

Abstract

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