The Research On The Jurisdiction And Choice Of Law Issues About Transnational Film And TV Copyrights

With development of economic and social progress, film and television industry has rapidly developed. Due to the difference of social history and culture, movie copyright protection system in many countries are different. It is no surpring that conflict of laws is so popularly found in the present-day world. As the international cultural communication activities increasing, numerous international disputes concerning movie copyright increasingly occures. The court seized of the concerned cases has to face two fundamental problems:determination of the jurisdiction and the choice of applicable law. Because of the particularity inherent in movie copyright, the complicated situation would become even more difficult to find solutions. It is of great practical significance for us to study the conflict of law issues in the field of movie copyright. With the help of the comparative and positive methods the author makes a deep and detailed investigation over the problems mentioned above.The whole paper is divided to integral four parts.Chapter one introduces the general theory of the movie copyright,including the implication of the copyright and the movie copyright,and the causes leading to the conflict of the laws in this field.Chapter two focuses on analysis of issues related to conflict of jurisdiction. This part introduces the historical progress of the jurisdiction in multinational movie copyright cases at first, and then analyzes the principles of traditional international jurisdition in civil and commercial cases. Through these efforts, the author put forward her own view on the general metheod to draw the international distribution of the jurisdicition in the movie copyright field. At the same time, on the question of the jurisdiction under the network environment, the author get the conclusion with the analysis of the practice of Anglo-American countries:We should analyze the particularity of the network cases, then be flexible and effective application of the established principle of jurisdiction in traditional civil and commercial cases. Chapter three focuses on analysis of two distinct solutions to resolve the conflict: ie.uniform substantive law and law of conflict of laws. With the analysis of these two solutions, the conclusion is that the former method can play an important role in the unification of the movie copyriht laws between different countries and reduction of conflict of laws. However, it is apparently unwise to use the ie.uniform as the only way to protect the movie copyright. The function of the rules of conflict of laws can not be substituted. This part get the conclusion through analysis with the pre-existing theory: we can use the "segmentation" to solve the conflict of movie copyright laws. The essay has studied the application of the rules of conflict of laws in the general and network environment respectively,and the author takes her own (?)int of view.As the conclusion of this essay, in addition to the summary of the article,the author takes analysis of the relevant legislation about Chinese movie copyright jurisdiction and the applicable law. At last the author puts forward several suggestions and her expectation.