Research On Copyright Protection Of Film And Television Works In Network Environment

At this stage, the network has become an important channel for people to get the film and television works. On the one hand, the development of network technology expands the transmission of film and television works, thus it promotes the development of the film and television industry and cultural industries;on the other hand, the prosperity of the film and television industry promotes the development of network technology and the Internet industry. While both get promotion, a large number of the network copyright of film and television works have been infringed. Although laws gradually improve to protect network copyright when network copyright was infringed in the early time, even in recent years,network copyright infringement cases of the film and television works still continue, and there are still many infringement cases, which reflects our country still exist problems on the protection of network copyright at present. The film and television works are as an important part of China’s cultural industry, have the huge commercial value and affects the life and ideas of the public, it is necessary to strengthen the protection. Based on this background, this paper hopes to analyze how to make the copyright of network works be better protected.This paper adopted literature research method and case research method. On the basis of research on the existing research results and starting from the judicial practice,this paper count and analyze cases of network film and television works copyright infringement nearly two years.Through the analysis of the cases, the copyright protection of film and television works in network is mainly reflected in four aspects:the identification of obligee,the identification of providing works beavior, the types of tort and the identification of the subjective fault. According to this idea, the structure of this paper is arranged as follows:the introduction,research of four problems,conclusion.Four questions are discussed in each chapter.The introduction part mainly discusses the protection necessity of film and television works network copyright and protection status,and proposes the problem;The contents of the second chapter to the fifth chapter are the important part of this paper,including summarizing the problems about the identified standard of obligee of film and television works,and proposing suggestions;Demonstrating the conclusion the cooperative behaviors are not always beaviors of jointly provide works in copyright law;Demonstrating the conclusion our country has initially established rules of indirectinfringement,and help tort behavior isn’t joint infringement in copyright law; Analyzing the identified standard of subjective fault and the influence of business model on the identification of subjective fault. The conclusion part summarizes the research contents of this paper.