Research On The Basic Issues Of Chinese Entertainment Legislation

In the United States the birthplace of entertainment law,it has become an important area of intellectual property law.In the course system of American law schools,entertainment law is usually juxtaposed with copyright law^?1?,patent law,trademark law,and unfair competition law.In their teaching work,the teachers of entertainment law often teach intellectual property law.In the academic activities of the American legal community,many scholars who study entertainment law focus on intellectual property protection in the entertainment industry.In their business practices,most of the cases and disputes handled by the entertainment lawyers are related to intellectual property rights.In China,three major symbols of the entertainment law's existence are:academic organizations?such as Beijing Films and Entertainment Association in Beijing?,academic conferences?such as the China-US Entertainment Law Summit Forum,the East China Entertainment Law Research Salon,and the Shanghai Jiaotong University's Entertainment Law Forum?,and academic journals?such as Entertainment Law Monthly?.^[1]There are many different types of entertainment law carriers,including traditional movies,television,animation,music,and drama,as well as emerging webcasts and video games^?2?.^[2]This thesis attempts to begin with the legal protection issue,and then study China's entertainment legislation on emerging electronic games.After that,this thesis will give some rough suggestions on entertainment law legislation by combining the country's specific national conditions and advanced foreign experience hoping to contribute its own modest strength to the promotion of the rule of law in the entertainment industry in China.This thesis has five main parts.The first part is about origin of the problem.This thesis points out that entertainment law belongs to field law,introduces the opinion that the law of horse is definitely not law,which hinders the strengthening of entertainment legislation.Then it shows the importance and lack of studying the basic issues of entertainment legislation in China.The second part is about the presentation of entertainment-related concepts.The clarifications of these core concepts are prerequisite for next two parts.The third part is about the necessity of entertainment legislation,which will be analyzed from following perspectives:the strategic significance of the legalization of the entertainment industry,the new challenges faced by the legal protection of the entertainment industry,and the realistic needs of the legal protection and judicial practice.The fourth part is about the basic content of entertainment legislation.In this part,this thesis throws out the concept of entertainment law,summarizes the characteristics of entertainment law,puts forward the basic principles of entertainment law,and indulges an example system design of entertainment law.The fifth part is an epilogue,which summarizes the basic issues and possible answers to China's entertainment legislation.It calls for China to start and continue to promote entertainment legislation as soon as possible in conjunction with the United States'advanced experience to respond to the possible severe challenge of legal protection in the entertainment industry.