Research On The Law Of Video Copyright In Film And Television Explanation

The 10 th projection room is a typical representative of the early TV programs in China.Guamo’s "X minute explanation film" is a video commentary video,but was sued by five companies,including Disney,for unauthorized adaptation of the film.Recently,the first domestic film and television commentary video type copyright law dispute case " graphic film case "published the judgment result,this case judgment to the future film and television explanation video judicial application concrete enlightenment value.Based on the thinking of judicial judgment,this paper will systematically display the problems and countermeasures of film and television explanation video from three aspects: originality determination,rational use definition and tort liability determination.As for originality,although there are different positions and theories under the two legal systems,the judicial practice of our country should bring the film and television explanation video into the category of audiovisual works according to the standard of Mainland law system.We should eliminate the protected ideas in the infringing works,eliminate the same public domain expression in the comparison works,and the substantive similarity of the remaining expression from the perspective of the reader’s overall observation.As a method to judge the substantive similarity in video infringement of film and television interpretation.About the film and television explanation video reasonable use definition.First of all,we should place ourselves in the background of the film and television explanation video to investigate the limits of the citation of the works.Judicial practice should pay attention to identifying three-step test method,four-element method and conversion method.The reasonable use judgment of film and television explanation video in our country should be returned to the context of rational use of copyright law in legal system.The three-step test method is used as the normative interpretation and the four-element method is used as the supplementary explanation.In the undertaking of video tort liability,the function of content provider and network service platform is distinguished from technical point of view,especially when content provider and network service platform are coupled.Network service providers should increase their attention to possible infringement of works.Even if the real upload content subject can not be found,the tort liability of the network service platform can be allocated by the burden of proof distribution and fault elements.In the legal compensation method,we should take "work type,reasonable usage fee,tort nature,consequence and so on" as the basis of "plot" in judicial interpretation,and interpret "work type" as "work ontology attribute" and "work market attribute" by interpretation theory method ".The interpretation of "nature and consequences of tort" should be combined with whether the infringer has the intention of repeated infringement,whether to take timely measures to prevent the expansion of damage after being informed of infringement,and whether there is a criminal record of infringement.