A Research On The Copyright Protection Of Cinematographic Works In China

The cinema, the business and art of making movies, is a modern artand a sort of knowledge as well. Ever since its coming into being more thana hundred years ago, the cinema has influenced people from generation togeneration. Not only does the cinema entertain people and enrich people`slife, it also serves as a method and bond in the cultural exchange ofdifferent regions world-widely. More and more cutting-edge techniqueshave been applied in the creation of movies, which stimulates thedevelopment of the cinema. However, new technologies have also give riseto more pressure and challenge to the protection of copyright ofcinematographic works.Currently the protection of copyright of cinematographic worksbecomes a significant research theme in the field of cinema and law. Firstly,this article summarize the characters of cinematographic works, whichincludes the conception and features of cinematographic works. Secondly Iconduct a comparative study of legal practices in different places, and thencomment on current legal norms and system of the cinema industry inChina. I point out that there are disadvantages in legislation andsystematical frame of the protection of copyright of cinematographic worksand the self discipline of cinema business. Therefore, it is crucial for us tolearn from western experience in the advanced legislation and practice andimprove the legal framework to protect copyright of cinematographicworks in our country. Besides the preface and conclusion, this article isproceeded in five chapters: The first chapter is a summarization of the copyright ofcinematographic works. The first section of this chapter is an outline ofcinematographic works, which cover definitions given by scholars and ananalysis of the feature of cinematographic works. The second sectionfocuses on the realistic significance of the protection of cinematographicworks.The second chapter is an analysis of the problems in the protection ofcinematographic works we are faced with now. The first section is mainlyabout the realistic situation, which shows the apparent problems of thecinematographic works copyright system of professional associations andcopyrighters themselves. The second section focuses on the problems of thelegal system and administrative responsibility.The third part is a comparative analysis of legal practice of theprotection of cinematographic works overseas. I elaborate the relativelyspecial legal systems and managements of the United States, the EU andseveral member country of it, France, Germany and Britain. I point out theadvanced experience of those countries in the protection ofcinematographic works which we can draw on.The fourth chapter explores the legal consequence of acts whichviolates copyright of cinematographic works. Firstly I list main types ofinfringement acts, and then expound further the main forms of infringementacts. Lastly I analysis the legal duty of infringement acts ofcinematographic works.The fifth chapter is a primary reflection and suggestion of methods toimprove the protection of cinematographic works. I combine the problemsanalyzed in the second chapter and the advanced experience of westerncountries and then give possible and feasible suggestions to solve theurgent problems in the protection of cinematographic works.