Foreign Film’s Copyright Protection Under Censorship

The film works，because of its unique artistic charm，not only enrich people’s entertainment life，butalso become the way of various countries to showcase cultural heritage and promote cultural exchange ties.The most typical example is the United States use the enormous influence of Hollywood movies to showand promote their own cultural values and social philosophy. After the reform and open policy, ourcountry’s economic level has been greatly improved. Material needs are met，the spiritual and cultural lifeare increasingly high requirements. Therefore，more and more foreign films are brought into the domesticmarket. But because of censorship, foreign films always meets layer upon layer in the process of enteringChina’s market. So in an age of rapid development of science and technology, a lot of foreign films throughInternet or other ways to enter our country, thus escaped censorship, resulting in a number of overseas filmcopyright infringement phenomenon. However，before stipulated Article4of the "copyright law" don’tprotect works of publication and dissemination is prohibited. It means foreign films without censorship arenot protected by China’s law。According to this situation，the United States has lodged a protest to the WTOin2007, and then between China and the United States on intellectual property rights produced anotherdispute, namely we know "DS362case".The first part of this article，Based on the cause、effect and contentious issues of "DS362case", we canreach the two main problems that exist in overseas film copyright protection.(a)Film censorship should beabolished or not.(b) The change background of article4of the "copyright law" and the modified "copyrightlaw" article4lack in protection of foreign film copyright.The second part, Discussing the abolition of film censorship caused by the "DS362case". In theprocess of understanding and analyzing the characteristics of the film censorship system to find itsadvantages and disadvantages, make a clear point for improving the film censorship. And demonstrated therationality of the film censorship system by comparing the film classification system and analysis ofinternational regulations.The third part，Around the second question triggered by the "DS362case". That is the shortage of revised "copyright law" article4overseas in film copyright protection. From the relevant provisions of"Berne convention", the revision background of "copyright law"，and the defects of the censorship system，proved not through the review of foreign films still enjoys the restricted copyright.The fourth part，Based on rules in respect of overseas film copyright protection of "Berne convention"and other international treaties and the United States, aims to lead our country should set up an overseasfilm copyright protection system consistent with national conditions. Not blindly reference to foreign,especially U.S. film rights provisions.Last of the body mainly includes the following content,(a) adding temporary protection measures andpost-review mechanism in film censorship.(b) through the analysis of specific right of film copyrightcontent, it can be divided into "has nothing to do with the transmission of power" and "rights associatedwith the transmission". Definite overseas film copyright approved means，foreign films，which not throughthe censorship，enjoy "has nothing to do with the spread of right", but in terms of "rights" related to thetransmission is restricted.(c)Civil remedies of foreign films.(d)Modify "Copyright law" article4again.Finally get a relatively complete foreign film copyright protection mode under the censorship.