The Research On The Issues Of The Protection Of Illegal Works' Rights

After the modification of Article 4(1) of Copyright Law, the illegal works became a hot topic. This article aims to discuss the category of the illegal works, the ranges of rights of the illegal works and judicial relief to the illegal works. In sum, the author hopes to provide practicable suggestions to the court.The introduction section discusses the background of the research. The illegal works was divided into two kinds, the illegal works which violate the constitution or laws or prejudice the public interests,the works which violate the publishing administrative rules and regulations. In addition, both the scholar and the judges are uncertain about the classification standards of the illegal works, the range of the rights of the illegal works and the legal Liabilities.Section I discusses standards the categories and the classification of the illegal works. Under the current copyright laws, there are the two kinds of illegal works, the illegal works which violate the Constitution or laws or prejudice the public interests,the works which violate the publishing administrative rules and regulations. The modification of the copyright law exerts no influence on the classification of the illegal works. Moreover, the classification standard of the works that violate the publishing administrative rules and regulations is not clear as the illegal works that violate the Constitution or laws or prejudice the public interests.Section II analyzes the range of rights of the illegal works. The copyright owner of the illegal works which violate the constitution or laws or prejudice the public interests only own the exclusive rights, and don't own the right of exploiting the works. Because the publishing administrative rules and regulations cannot exclude the right of exploiting works, the copyright owner of the illegal works that violate the publishing administrative rules and regulations owns both the exclusive right and the right of exploiting the works.Section III discusses the judicial relief of illegal works. The Chinese court has the duty to check that whether the work has violated the Constitution or laws or prejudice the public interests. Anyone who infringes the copyright of the illegal works that violate the Constitution or laws or prejudice the public interests shall bear civil liability of ceasing the infringing act. In addition, anyone who infringes the copyright of the illegal works that violate the publishing administrative rules and regulations shall bear civil liability for such remedies as ceasing the infringing act and paying damages. Some foreign films without the review of the film review institutions have been already distributed and projected in china. If those films do not contain the content of violating the constitution, laws, or prejudicing the public interests, and it is one kind of the illegal works that violate the publishing administrative rules and regulations. In most cases, the copyright owner of the foreign cinematographic works cannot prove to the judge both his loss and the benefit of infringer. The damages are always depends on the circumstance which include the time and the range of the distributing of the works. Moreover, the amount of the damage of foreign cinematographic work may be less than its Chinese counterparts under certain circumstance.The Section IV is about the conclusion. The author summarizes the entire article.