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The Research on the Jurisdiction and Choice of Law Issues about Transnational Film and TV Copyrights

Author: LiuXueQin
Tutor: HuangShiXi
School: Shandong University
Course: International Law
Keywords: Film and television rights Conflict of laws Legal principles applicable Conflicts of jurisdiction Jurisdiction over the allocation of the general method
CLC: D997.1
Type: Master's thesis
Year: 2010
Downloads: 94
Quote: 1
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Abstract


With the economic development and social progress, the film and television industry has made rapid development. Different social and historical culture, film and television copyright protection system there are also differences in the resulting conflict of laws. With more and more frequent cross-border exchanges of film and television products, a large number of cross-border legal relationship of the film and television rights. The two basic problems in the process of hearing the cases of international film and television rights, the court must first solve the problem of conflict is the choice of law issues and jurisdiction. Due to the special nature of the film and television rights, making an already complex conflict of laws issues more difficult to resolve. Therefore, the study of transnational television copyright conflicts of law is of great practical significance. In this paper, by way of comparison and empirical analysis of the conflict in the field of film and television rights law to do a more systematic and meticulous research. The text is divided into three chapters. The first chapter describes the general theory of film and television rights. Meaning, including copyright, film and television rights, as well as the causes of the film copyright laws conflict. The second chapter analyzes issues related to conflicts of jurisdiction. Describes the historical process, and then for the traditional jurisdiction of international civil and commercial cases to be analyzed to determine the principles to draw their own views on transnational film copyright cases the jurisdiction of the international division of general jurisdiction over copyright cases of transnational television. For virtual sex network environment and the challenges posed by the global jurisdictional issues are analyzed and concluded on the basis of analysis of the Europe and the United States practices: traditional civil and commercial cases jurisdiction to determine the principles are not due to the virtual network and global sexual fundamentally be negative, but should be flexible and effective application on the basis of the network the particularity of the case. The third chapter focuses on analysis of the two methods to solve the conflict of the film and television copyright law: a unified substantive law and conflict of laws. By these two methods of analysis, the conclusion is: unified substantive law plays an important role in the harmonization of national laws to reduce the conflict of laws. But as the method of of transnational film copyright protection only option is not desirable, the conflict specification still an irreplaceable role. That part of the existing doctrine Comment, come to the conclusion of the film and television rights split method legal principles applicable conflict of laws should apply. Article in respect of conflict rules in general and network environment to do in-depth research, and put forward their own views. Part in the conclusion of the article, in addition to the summary for the article, but also for China's film and television rights of jurisdiction and the law applicable to the relevant legislative situation are analyzed, and the author of several suggestions and expectations.

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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