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Analysis Of Issues Related To The Infringement Liability Of Copyright In Chinese Film And Television Works

Posted on:2018-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:S H YangFull Text:PDF
GTID:2356330518485384Subject:Law
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In recent years,as the film and television industry market continues to heat up,the more popular novels and other forms of writing works adapted into audio and video works become a trend.However,in the process of film adaptation,the protection of the original works,the right of adaptation and the right of protection of the original copyright owner has become a problem that can not be ignored.Film and television works are one of the many forms of works,and other types of works as protected by the copyright law,but the film and television works have it different from the particularity of other works,in the judicial practice appeared in the theoretical standards,and many otlher issues.In this paper,from the typical case of Qiong Yao 's case,this paper discusses the legal issues caused by the film and television works in the aspects of creation and shooting,and discusses the recognition and torture of the tort liability from the theoretical and practical aspects.First of all,study the legal issues of the theoretical provisions and judicial standards.And find out the legal basis of the copyright infringement of film and television works,and discuss the legal stipulation on the constitution of tort liability,the standard of violation of the right of adaptation,the attribution of film and television works,the object scope of film and television works and the right of infringement.Secondly,through the analysis of the case of judicial practice in the film and television works copyright infringement responsibility and commitment to the process of' the difficulties.Through judicial practice,compare the rationality of various theoretical standards,to find the most suitable for the current legal environment of the judicial standards.Finally,in terms of tort liability,how to share the responsibilities of both parties more rationally.In particular,is the introduction of civil liability for the introduction of punitive damages and the amount of compensation calculation method.Theory combined with practice,a reasonable balance between the rights of infringers and infringers,in the protection of film and television works under the premise of copyright,to ensure that the interests of all parties balance.Finding suitable standards for the development of film and television industry,and promote the continuous development of film and television industry.
Keywords/Search Tags:film and television works, copyright infringement, civil liability, judicial identification
PDF Full Text Request
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