An Analysis Of The Protection Mode Of The Names Of Movie Works

Nowadays,the commodity economy is becoming more and more prosperous,cultural works are also developing,and the situation of trading as ordinary commodities is becoming more and more common.The name of the work as an indispensable part of a work has a pivotal position,and it is inevitable that it will cause disputes because of its use.Among them,disputes concerning the names of film works appear especially frequently.Our country’s laws do not clearly stipulate ways to resolve such disputes,and there is no specific law to regulate the use of the names of film works.It is also impossible to protect the name of film works.This article begins with the case of "Illegal Disputes" in "People in the Way" and "The Unfair Disputes of People".It details the case and lists the three legal disputes in the case,namely,whether the film works can As a well-known commodity;can the name of a film work constitute a unique name for a well-known commodity;whether a similar film name can lead to confusion among the relevant public.Then,based on the name of the film work,the author introduces and analyzes the evidence of the parties in the case and the two judgments of the court,and concludes that the mode of judicial practice to protect the title of film works is to protect the works by the Anti-Unfair Competition Law.name.Then it analyzes the difference between the name of the film work and the name of the general work,and discusses the function of the name of the film work: for the film itself,it is an indispensable part of the whole film work,and its existence reflects the integrity of the work;For the audience,it can intuitively attract attention and make the film more widely spread,which reflects the importance of the film name to the film and the need to protect the film name.After that,it elaborates on the protection methods of film titles in foreign countries and in China.Firstly,it compares the ways and modes of protecting the names of film works outside the domain,including the copyright protection mode of France,the trademark protection mode of Germany and the anti-unfair competition protection mode.Italy,their protection model has one thing in common is to give the same protection to the name of the film work and the name of the general work,and to stipulate its rights,how to be protected and how to carry out relief after being infringed by a special legal article..Then introduced the United Kingdom and the United States,they have in common that they do not include the title of the film work in the scope of legal protection,but the United States is different from the United Kingdom in that it has established a special film name registration management mechanism to protect the film works.The name.The American Film Association has set up a film name registration authority to conduct film titles and registration and management.When there is a dispute between members of the association,mediation and arbitration can also be conducted.This mechanism has certain limitations,such as the limited membership of the film association.Including all the production companies that cause the dispute name registration authority to be unable to arbitrate,after registration will exclude otherThe person uses and the registration is valid for a long time.Therefore,if the registrant does not use the name properly and others are still unable to use the name,the enthusiasm for creation is reduced,but this is also a new idea to protect the name of the movie work.Then,the mainstream views of the domestic scholars on the protection of the name of the works are listed.They do not distinguish the names of the film works from the names of the general works.These four viewpoints include copyright protection mode,trademark protection mode,anti-unfair competition protection mode and civil law protection mode.After expounding,they carefully analyze their respective advantages and disadvantages,and believe that copyright protection mode,trademark protection mode and civil law protection mode have Obvious deficiencies,in contrast to the anti-unfair competition protection model has certain feasibility.Combined with the "Kung Fu Panda" case and the "Car Racing Story" case,the author summarizes the inherent idea of how to protect the name of a film work in China’s judicial practice,that is,the anti-unfair competition protection mode.Through the above analysis,the paper concludes with a summary of the ways to protect the title of a film work,which is mainly divided into two levels.The first level is to protect the title of the film work through the Anti-Unfair Competition Law on the basis of the existing law,which proves that the film works constitute a well-known commodity,and other works make use of the influence of the well-known commodity,resulting in the relevant public.Confusing,but the new "Anti-Unfair Competition Law" changed the concept of "well-known commodities" into "products with certain influence" after the implementation on January 1,2018,so this article explains how to specifically identify the goods "has some influence." Force and how to define confusing behavior.The second level is to break the shackles of the existing protection model and explore new protection ideas.The first model is to learn from the name registration management mechanism of the American Film Association,establish a registration system for the name of the work in China,and clarify the works in the form of legal provisions.The name management process and punishment measures to manage the name of the work;the second mode is to protect the name of the work through the right to commercialization,but this method also has certain limitations,which requires more in-depth research and analysis.