Research On Copyright Infringement In Cultural And Creative Industries

In this study,we take the judgment documents of copyright collected by the judicial protection network of intellectual property in Shanghai court as the sample source,and encode the existing judicial documents.First of all,it collected the judgment documents of intellectual property in the field of cultural and creative industries from 2008 to 2016.Then,as the study is limited to the copyright protection of Shanghai's cultural and creative industries by the Shanghai court,after a manual screening(one of the plaintiffs or defendants was Shanghai's cultural and creative industries)and obtained 339 valid judgment documents,including 298 judgments and 41 mediations,in order to assess the intellectual right property protection level in cultural and creative industries in Shanghai.This study focuses on three basic issues: What is the actual status of judicial protection of cultural and creative industries in Shanghai? What are the main factors affecting the outcome of copyright infringement litigation in cultural and creative industries? What is the main reason why the judicial system is currently unable to remedy copyright infringement in the cultural and creative industries?The research program is establishing the code table to ? code ? statistical description ? looking for the relationship between variables.In this study,the judicial documents collected were artificially coded,and the data were statistically analyzed.The judicial process of the copyright infringement cases in cultural and creative industries was and discussed.This study depicts the judicial process in Shanghai courts for copyright infringement of cultural and creative industries.Specifically speaking,through data combing,this study depicts the time distribution,the geographical distribution,the identity characteristics of the plaintiff and defendants and the judicial decisions of the cases of copyright infringement in cultural and creative industries handled by Shanghai courts.After that,this study takes the length of the trial,the geographical relationship between the plaintiff and defendant and the court,the information of the agent,the stage of the trial of the case as the categorical variables,it examined the impact of these variables on the prevalence rate of copyright infringement litigation in cultural and creative industries in Shanghai courts.Finally,the profits of legal persons and natural persons in the plaintiff are compared,and the difference between the plaintiff's expected benefits and the actual benefits is contrasted.The main findings of this study include:(1)Through the observation of the influence of the two variables(the geographical relationship between the plaintiff and defendant and the court,the stage of the trial of the case)on the verdict,the results show that in the trials of the copyright infringement of the cultural creative industry in Shanghai court,from the overall and the details,the local judicial protection tendency does not exist.(2)In the judicial protection of copyright in cultural and creative industries,although the court mostly supports the plaintiffs' claims,the economic compensation to the plaintiffs is relatively low,which causes the infringer to bear the cost of use without obtaining the permission of the power.This makes infringement a low-cost,high-yielding offense.It is likely that this is an important reason that infringing behavior can't be stopped.