Difficulties And Responses Of Copyright Protection Of Animation Works

The high-speed development trend and high commercial value of the animation industry,as well as the heated discussion on the network platform caused by infringement,make the copyright protection of animation works become an important topic that can not be ignored.At present,the legal regulation and protection of animation works in China's copyright law is not enough.There is no direct regulation of animation works in China's copyright law.At the same time,in judicial practice,the protection of animation copyright has been very vague,mostly regulating the name and role image of animation works,which has not reached a good state of comprehensive protection of animation works.The process of animation production is complex,and there are many participants.Animation works are both composite works and collective works.In the protection of copyright of animation works,it is easy to have unclear ownership of rights and difficult judgment of infringement.This paper attempts to illustrate the problem by literature analysis and case analysis through the analysis of relevant laws,regulations and cases.At present,the disputes over copyright infringement of animated works in China focus on the identification of the copyright of the constituent elements of animated works.Whether the elements of animated works belong to the object protected by copyright law or not,we need to explore whether the elements are original,so as to prove whether the subjects of their rights enjoy copyright,the rights of animated works and their components belong to,at the same time,we can further judge whether there are infringements on animated works and their components.By explaining the meaning of copyright works,this paper clarifies the objective status of animation works,and under the concept of ‘audiovisual works',concludes the feasibility of parallel protection of animation works as a whole and the individual elements.The identification of the subject of rights in animation works needs to subdivide the types of works of animation elements,enumerate the creators who may have copyright in the process of animation production,and balance the distribution of rights between the copyright owners of animation works and the authors of each component element.Combining with the current dilemma of copyright ownership of animation works,it is clear from the beginning that the rights boundary of copyright-related parties can protect the interests of all parties,achieve a balance in the distribution of interests,and reduce the risk of future infringement.To judge the copyright infringement of animation works,it is also necessary to first determine the types of works of each component element in animation works,then apply the principle of substantive similarity,and then judge whether there is reasonable use.Finally,we use the specific detection method combining the overall feeling method and the abstract test method to judge whether it constitutes infringement.Establishing a relatively unified criterion for judging infringement is conducive to protecting the interests of the subject of rights,thus solving the dilemma of copyright protection of animation works and promoting the development of animation industry.