Research On Judicial Issues Of Chinese Dance Copyright

The theoretical development and judicial practice of dance intellectual property in China lag behind the dance culture industry’s actual development speed and the increasing demand for theoretical research and application guidance.They were corresponding to the urgent requirements of intellectual property protection of Chinese dance.This research" is designed to use art and intersection of interdisciplinary research method of law,current situation and the related issues need to be clarified to dance copyright response and in-depth discussion,hoping to dance of the protection of intellectual property rights for China,as well as to the innovation of Chinese dance advance due to contribution.The basic structure of this study sticking to the domain of the problems existing in the judicial practice,dance,which has broken the copyright law,from the perspective of the problem mainly qualitative analysis works,artistic creation and inheritance,creation subject proper distribution,and the boundary of the right to protect private and public interests in current judicial dance copyright the core focus of contradictions and conflicts.The thesis divides into six parts.The first part analyzes the complexity of dance works,clarifies the types of "dance" in "dance copyright," which is the research object of this paper,and analyzes the particularity of dance works through dance science and law intervention—this review and analysis of China’s current dance judicial practice status quo and problems to be solved.The second part strictly follows the composition elements of copyright law works,analyzes dance works from three aspects of originality,reproducibility,and fixability,and finds out and clarifies the incomplete understanding of dance works in the previous judicial work.The third part studies the subject of dance copyright--the ownership of rights.Through representative cases,it starts with the problems in the current situation of judicial practice and then analyzes the application of law in the works of legal persons,works for posts,cooperative works,and compilation works one by one according to the research method of legal doctrine.The fourth part focuses on copyright limitation and introduces the study on balance between personal right protection and public interest of dance copyright from the case.This part involves more jurisprudence value judgment at the level of necessity,so it mainly discusses the legal research method of normative analysis and combines it with the study of dance creation.The fifth part discusses the judgment of tort based on application,sorts out,and comments on the primary judgment methods of material similarity of a tort,rules of proof,and tort liability.The sixth part is a preliminary study on the development strategies of dance copyright.It mainly analyzes the effective incentives of dance copyright in its current development stage from the perspective of law and economics,and proposes the introduction of the transaction structure and legal system of asset securitization in dance art for the first time,and puts forward the development strategies of the new era for the development of dance copyright market.Based on the characteristics of interdisciplinary research,the paper comprehensively uses law research,dance research,and historical research.This paper analyzes the judicial issues of dance copyright comprehensively from multiple angles through the interpenetration and integration of methodology and ontology.In the overall research path,with the practice as the guide,with case analysis as the breakthrough,with legal theory as the cornerstone,with future development as the goal.Through a detailed discussion on the legal and academic principles of the judicial practice of dance copyright,this paper puts forward that according to the nature of copyright property rights,the most essential and urgent contradiction in the development of Chinese dance copyright at the present stage is to develop and expand the dance copyright market.Furthermore,the establishment and development of the dance art capital market proposed a preliminary blueprint and the feasibility of the analysis.