Research On The Copyright Infringement Judgment Of The Continued Works

In all ages,there are various forms of creation in both Chinese and foreign literature,continued works is one of them.For example,Gao'e continue writing the work which name is " Dream of Red Mansions" written by Cao Xueqin successfully,the perfect convergence of the former eighty chapters of the content,which will undoubtedly bring great surprise to the reader.With the rapid development of network information,the network provides a creative platform for a large number of network writers,making the spread of continued works more quickly and widely.The continued works are based on the original works,and they have borrowed some elements of the original work that to be dependent on the original works.This dependency may also have a reaction on the original works,such as affecting the reputation of the original copyright owner,potential economic interests,violating the protector of the original works,and protecting the integrity of the works.At present,the public awareness of copyright is gradually improving,and the copyright infringement problem of continued works continues to draw people's attention.The amount of continued works' copyright infringement cases is increasing.However,the copyright law of our country does not specify the issue of the copyright of continued works in detail,there is no provision in the current legal provisions to clearly adjust the legal relationship between the continued works and the original works,There is also no point of view on how to define the continuation of the behavior and the infringement of the continued works.This paper studies the copyright infringement of the continued works,and puts forward some suggestions for the copyright law to protect the legal protection of-the continued works.It also provides a system guarantee for the copyright of the continued works in judicial practice,which helps to better safeguard the interests of the rights and interests,and solve the conflict of problems effectively.The text of this paper is divided into the following four aspects:The first part is to expound the related concepts of copyright infringement on the continued works.Above all,it introduces the scope of copyright protection.The following is the analysis of the meaning and characteristics of the continued works,and the definition of the relationship between the basic content and other concepts.The second part is the relevant legal regulation analysis of the copyright of the continued works.A comparative analysis is made on the current legislation status of the continued works at home and abroad,and the shortcomings of our current legislation are put forward,such as the unclear legal relationship between the continued works and the original works.The third part is the general situation and Enlightenment of the judicial decision of the copyright infringement of the continued works both at home and abroad.This paper expounds the judging methods in some representative cases abroad,and on this basis,what rights or related ways can the copyright owners enjoy to solve disputes.Then,it analyzes the general situation of copyright infringement related questions in our continued works.By combining the relevant domestic cases,it analyzes the current situation of copyright infringement judgement in our country,and offer some Proposals in the present judicial practice.The fourth part is a number of suggestions to improve the legal regulation and judicial practice of the renewal of our country.It is mainly from two aspects of legislation and trial practice,It is necessary to put forward to explicit the legal relationship between the continued works and the original works in the copyright law,introduce the system of the right to renew the continued works,and introduce the advice of the expert assistant in the trial.