Study On Film And Television Works Copyright Issues

“Film works and works expressed a similar method of film production”are protected as a special type of works in China’s Copyright Law, whichprovides the legal basis for protecting our film and television works. Asan integrated work of art, the unique position of film and television workreflectes in its aggregation the originality labor of many workers. Legalprotection for film and television work copyright is complex. There are manydiffculties in the judicial practice of China’s film and television worksprotection, such as, no perfect legislation, lack of legal norms. Withinternational level there is still a certain gap. Specifically, the scopeof China’s film and television works is narrow. Definition of China’s filmand television works can not meet the development of science and technology,while lack of a conception larger than "film works" and” television works”in extension, as a result narrow the range of film and television worksunreasonably. There are a lot of controversy in the formation of the filmand television works copyright. Whether the examination and approval systemis a necessary condition for the emerge of the film and television workscopyright, and the original standard of film and television works have hada great impact on both theory and practice. On the properties of the filmand television works, there is no provisions for it in China, at the sametime,there is no clear legal guidelines for the relationship between filmand television works and infrastructure works. On the ownership of film andtelevision works copyright, there are also some problems in China’sprotection mode, such as the determination of the producer, the distinctionbetween the author and the copyright holder, etc.. The script is a kind ofwork can be used alone. But in the reality, it is common that the script wasstamped, authorship of the screenwriter was occupied, which affected thehealthy development of China’s film and television industry. According to our reality, and learn form other country’s feasible mode to improve China’scopyright law is the basis of promoting the healthy development of China’sfilm and television industry. Improve the legal protection system of China’sfilm and television works can start from the following aspects: To establisha broader conception of film and television works to improve the definitionof film and television works; To clarify the nature of approval system forfilm and television works, and the original standard for the film andtelevision works; To explicit the relationship between the film andtelevision works and foundation works, and to regard the film and televisionworks as a special interpretation of the works; To protect the legitimateinterests of the author and the copyright holder of the film and televisionworks and clear the standards and classification of the producer; Strengthenthe protection for the screenwriter and script, and put an end to thephenomenon of tampering the script and occuping the authorship ofscreenwriter.