Study On Copyright Protection Of Foreign Films Without Approval

The article 4 of the new revised copyright law is"the copyright owner should not damage public interests when they perform copyright; the country control the publication and dissemination ", and deleted "illegal works prohibited publication and dissemination are not protected by this law". Meanwhile, Chinese government carries out censorship for the overseas import, and provides that the uncensored videos should not be showed in the mainland. International economic integration trend and development of network technology, more and more uncensored foreign film and television works appear in domestic video and web site, the traditional administrative review function is lost. To copyright protection problems, each court has different opinion, even the same behavior has different ruling. Based on the three cases, discuss the copyright protection and analysis classification, the copyright and the judicial relief.The article is divided into introduction, body, and conclusion.Introduction explains the motives. Through the judgment of the foreign works, analyze the problem, find out unreasonable reasons, conclude ideas of trial, in order to making a example to the next similar assistances.Main part is composited by three chapters: The first chapter introduces three illegal works and caused problem. Select three cases. Three courts respectively provide no relief, comprehensive relief and part relief. We can see that in our courts similar cases have different even abhorrent judgment. In our country, public and private law regulate the publication and distribution of works. From public view and the private law, two laws have the effect to the works. The reason why the courts misjudged is that the courts can not clear the relationship between the copyright law and clear the publishing law, and lead to rigid using law.The second chapter presents classification and definition of the illegal works. According to original copyright law article 4 and now the provisions of the copyright law, China's illegal works include illegal content, and illegal procedure. Illegal content is mainly refers to violate the constitution and laws, damage the public interests, program illegal means in violation of state publishing regulatory. In practice, there are many disputes on the definition of two kind works. This chapter explains classification and definition of two kind works.The third chapter presents copyright of two kinds and judicial relief, in trial, content validity problem has related to damages. This chapter analyzes the necessity of content examination and operation. The newly revised the copyright law deleted the original regulations "legally works prohibited publication and dissemination should not be protected by this law". The right holder of two kind works have the right to demand to stop infringing, but only the right holder of illegal works is entitled to demand for damages. Through analysis of this chapter, the author thinks that the court and film and television administrative departments both have the right to review the legality of content involved.The last part is the conclusion. In this part, based on the analysis of the former three chapters, the author concludes and summarizes copyright protection, and points out the ideas that court should obey in trial.