The Status And Regulation Of Copyright Infringement Disputes In Film And TV Plays

In the modern society with the rapid development of market economy,people's increasing demand for film and television entertainment promotes the rapid development of film and television entertainment industry.China is a big country in entertainment industry,and the entertainment market has a broad prospect and great potential.But because of the rapid development and high profits,the infringement phenomenon is also increasing.And the disputes around script creation often bring"fatal injury" to film and television projects.Script disputes mainly focus on the following issues:the right of signature,the right to protect the integrity of works,the right to adapt,the right to shoot,the right to plagiarize and plagiarize others' works,the poor quality of scripts and the delivery of scripts.Correspondingly,for screenwriters,their opinions are often of the following categories:producer fails to pay remuneration as agreed in the contract;producer modifies the script without permission;producer's signature breach;producer's film and television works are suspected of plagiarism and infringement.For the producers,their opinions are as follows:the creator fails to deliver the creative results as scheduled;the quality of the script does not meet the requirements of the film maker and the shooting;the creator refuses to modify the script,which constitutes a breach of contract;the ownership dispute of the creative results after the contract is terminatedIn order to clarify the way of copyright infringement and the causes of copyright infringement in film and TV plays,and to explore the ways to solve the above-mentioned infringement disputes,the author uses the methods of literature analysis,comparative research,case analysis,etc.to start from the forms of copyright infringement that often appear in the practice of film and TV industry,and through the research and analysis of the causes of infringement disputes,tries to find out the effective solutions The effective prevention mechanism of copyright infringement in practiceIn addition to the preface and conclusion,this paper is divided into three parts,the main contents are as followsThe first part is an overview of the copyright infringement disputes in film and TV plays.The first section is to introduce the current situation of the infringement of the signature in the movie script.In practice,there are always disputes about the right of signature.Now,the disputes mainly focus on the way,scope and order of signature Writers believe that the right of signature has been infringed in these forms.The second section combs the types of infringement in the creation of film and TV plays From the creation of original scripts to the authorization of novel adaptation to form scripts,to the unauthorized adaptation or use of other people's works to complete their own scripts and other forms,to summarize the infringement problems in script creation in practice;the third section makes a sort of infringement disputes in the production process of scripts.Now in practice,there is a widespread abuse of the right to film production.TV stations do not shoot according to the framework of the film and television script,but like to play with the nature,adapt the framework of the whole script,and even change the author's original idea in the later period of random editing,which leads to misleading the audience.Some other shooting units get the right to film production from the copyright owner and then disappear Extreme exercise of rights,resulting in the original copyright owner can no longer sublicense rights or the right conflict after the obligee sublicenseIn the second part,the author analyzes the reasons why the current situation of the above infringement occurs in practice.The first section discusses the legal reasons for the infringement from the perspective of legal provisions.From the perspective of legislation and justice to summarize the role of law in tort.Once a play is created,the copyright owner has the right to use it.The complete copyright of a play can be divided into personal rights and property rights.The personal rights of a copyright include:the right to publish,the right to sign,the right to modify,and the right to protect the integrity of the work;the property rights of a copyright include:the right to copy,the right to distribute,the right to rent,the right to exhibit,the right to perform,the right to show,the right to broadcast,the right to disseminate information on the Internet,the right to film,the right to adapt,the right to translate,the right to assemble,and other rights that should be enjoyed by the copyright owner.However,the definition of many rights in law is too general,which makes it impossible to define rights according to legal provisions in practice,which leads to vague judicial identification,and there is a gray area;on the other hand,the judgment results of infringement disputes in practice are very difficult to achieve,and judicial remedies are not effective,which leads to the infringement cost offset,so the infringement problem is very difficult to cure.The second section starts with the particularity of the domestic film and television industry,and analyzes the causes of the infringement from three aspects:the excessive value of human feelings in the industry and the lack of contract awareness,the lack of function of the industry association itself and the unclear professional ethics.The third section analyzes the reason why the writer is always in the dispute of infringement and being infringed as the copyright owner.On the one hand,the writer's awareness of copyright is weak,and there is no concept that many rights are authorized too casually or many rights can be agreed.On the other hand,the writer's position in the whole industry is higher than that of other film and television projects Because of the low number of the founders,they can't play a leading role in the exercise of the rights or the performance of the contract.These are the causes of frequent infringement.The author will make a detailed discussion in this chapter.The last part summarizes the ways to improve the current infringement disputes in practice from the three aspects of law,industry and screenwriters themselves by combing the above-mentioned copyright infringement forms and exploring the reasons.At the legal level,it can effectively reduce the occurrence and prevention of some infringement disputes in practice from three angles of legislation,justice and law enforcement.On the other hand,it can unify some specific and operable standards for the determination of infringement to avoid the phenomenon of "different judgments for the same case".In terms of industry,it is necessary to strengthen the function of the industry and give full play to the role of the industry.At the same time,writers should be aware of improving their legal literacy and strive to improve their position in the industry.In order to solve the copyright infringement disputes in the film and TV script,we should take all kinds of measures.