On The Copyright Protection Of Foreign Films

With China's accession to the WTO, the international private exchanges become more and more popular. To our existing"Copyright Law"as the subject of copyright protection of foreign films gradually reveal the shortcomings of the system. It has not played the effective protection of copyright in the work function of the foreign film. As the dust settles the case of Sino-US Intellectual Property Rights, Our "Copyright Law" also listen to the report's recommendations to amend the controversial Article 4.However, deletion of 4.1 does not solve the foreign rights in our country should enjoy civil rights of the deprived of the real essence. This is against the "Berne Convention" established contrary to the principle of national treatment. In this paper, we study the international conventions, the United States, China's foreign film protection system to find a way in the framework of the convention, and without undermining the premise of our film censor system under the effective protection of rights of foreign films were related rights, and to control those does not meet our laws, customs of foreign films in China's publication and dissemination. In this paper, system analysis, comparison and other methods are used to study the analysis of the status of foreign films and the constraints of copyright protection based on a reasonable solution to the problem put forward suggestions.Besides the introduction and conclusion, the article can be divided into four parts. In the first part, by analysis the film works on the basic issues, film censorship and the case of Sino-US intellectual property rights, defines the Sino-US intellectual property dispute on China's "Copyright Law" and the controversial issue of the origin of the future. The second part is analysis the international conventions', the United States' and china's foreign films current copyright protection mode. The third part of the analysis of foreign films and foreign copyright status based on the proposed the theory of "dual" recognition, and explains its rationality. The fourth part, based on the"dual"recognition theory that we proposed the theory of"dual"protection, on foreign films of the specific right and gives legislative proposals.