Study On Cases Of Copyright Infringement Of Works Used In Film And Television Production

In the content of the film and television program production studied in this paper,there are a small amount of difficult problems in judging the infringement caused by other previous works.The form of this paper is case analysis.This paper analyzes the errors or practical problems of judicial practices by presentting the infringement disputes relates to the cases of work used in audiovisual works and broadcast etc,analyzes the possible causes of errors or problems,and wants to give suggestions.The article has three parts to illustrate the problems: the introduction,the text and the conclusion.The introduction explains the motivation of writing this article,that is,there is something questionable in the court’s decision on the infringement cases about using works in audio visual works and broadcast etc..This paper attempts to find out the particularity of this kind of case.and the applicable methods of tort judgment in this kind of cases.The body consists of three chapters:The first chapter is about the infringement of the use of art works in film and television production.Through two cases,it is pointed out that the court finds that the method of substantive similarity in such cases is wrong,and there are too few fair use provisions in our country,which makes it very hard for the court to apply.So as to make a wrong judgment.It is suggested that the general observer standard should be used to identify substantive similarity,and learn from the British copyright law to increase the provisions for incidental use of the work.The second chapter is about the infringement of the use of music works in audio visual works and broadcast etc.Through two cases,it is pointed out that the standard for the court to determine the substantive use of music works is relatively chaotic,and it is recommended to adopt the substantive importance standard.In addition,although the standard of using music infringement has been formed in Britain and America’s judicial practice,the level of protection is too high to be used for the low-developed music consumption situation of our country.Therefore,the general provisions of incidental use in British copyright law can also be applied to music works.The third chapter is about the infringement of audio visual works in film and production,which mainly discusses a new kind of film production,that is,short videos,especially one form,the use of audio visual works for "interpretation" video creation.This special way of film production can not avoid the substantial similarity with the original works,and it is difficult to constitute fair use,and there is a greater risk of infringement,which is not benefit to the suatainable development of the industry,and also do harms to the legitimate benefit of the right holders of the works.In this regard,legal,technical and commercial measures should be taken to balance industrial development and rights protection.