The Study Of IP Law On Digital Film And Television Works Protection

Since 1990 s, the computer technology, the network technology, the communication technology and information processing technology became more and more popular and mutual combinative. Those change our life style, study ways and working methods. Then, the organizations of information providing, such as libraries, archives, and data bases had to change their role from providing printed documents passively to providing active social digital resources actively.As a kind of live and easy acceptable information resource, film and television works can be received and transmitted to users more facilely through the internet and can be used more often. So, it is very necessary to digitalize traditional films and televisions works.However, the characteristic of easy copying and quick transmission make it more difficult to protect the intellectual property of digital works. Many international institutions and states had studied this problem. In order to solve it, one way is to modify the existing IP law to make the digital works into the protective fileds. Another is to constitute a new IP law, strictly controlling the qualifications of using, transmitting and copying the digital resources, to protect the copyrights.The China government also enacted some relating rules on protecting digital intellectual property. For example, in 2000, the Supreme People's court issued Several Issues Concerning the Laws Applicable to the Trial of Copyright Disputes Involving Computer Networks Interpretations (Revised), thereunto, the Article 2 proclaimed, Works protected by the Copyright Law include digital versions of the various types of works specified in Article 3 of the Copyright Law. The people's courts shall afford protection to results of intellectual creation that, in a network environment,are impossible to classify under the works enumerated in Article 3 of the Copyright Law but that are unique in the field of literature,art or science and that can be reproduced in a tangible form.This provision did not formulate the nature of the digital works directly, but solved the problem whether the digital works should be protected or under the internet environment, broadening the field of copyright owner rights.This paper is to study how to protect the IP of digital film and television. For the number of copy owners is not limited, the procedure of digitalizing movie and television is more complex, and no certain rules is enacted specially on protecting the intellectual property of digital film and television resources, we can just use law deduction to establish some hypothesis on this topic.There are five chapters. The first is some basic concepts on digitalizing information resources and intellectual property, focusing on its relationship and its influence. The second chapter is on the special characteristics of intellectual property on digital film and television works, such as the higher requirements of digital technology, the extensive contents relating intellectual property, and the necessity of digitalizing film and television works, to make more convenient for the users. The third chapter is on the importance of protection of intellectual property on film and television's digital works. The forth chapter is to analyze the present protecting situation in home and abroad, and to provide some advices involving concepts, principles, ways and measures on protecting the intellectual property of digital film and television works.