Research On The Matter Of Dance Copyright And Countermeasure Analysis

According to the viewpoint of legal economics, any legal regime is essentially the balance mechanism of public interest, the existence value of many laws, regulations and legal precedents with copyrights as a model lies in urging the rational distribution of benefit in the artistic circle. Whereas, along with the development of the cultural industry, many concrete problems appear in the practice and bring new supplement and basis for its legislation. Although considerable amounts of legal provisions, regulations and legal precedents in various countries standardize the artistic creation, exchange, dissemination, use and other circulation links, but as for the principal claim objects except music, movie, fine arts and other art categories with widespread audiences, profounder theory and legal science research assists mutually. As for other lower industrialized and internationalized art categories with dance as a typical representative, there are only the universal, framework, common macroscopic law and regulation articles, there lacks the comprehensive systematic theoretic and academic research related with copyright, a set of independent, well-directed and strongly compatible protection system can not be established at the actual operation level at all.Accordingly, the interdisciplinary research methods such as the research technique combining the legal science methodology and dance, case analysis and object comparison were used in this article, the overlapping research was conducted on the core legal science concept and the dance artistic creation principle presenting in the dance copyright case, the connotation of the related legal concept in the dance copyright protection was cleared, moderate institutional construction had been carried on in view of the insufficiency in the current dance copyright system, the concrete method of dance copyright appraisal and protection was proposed on this basis. This article is divided into five chapters.In the first chapter, the subject and object problem in dance copyright was analyzed. Speaking of the object, the insufficiency of existing Copyright Law and Rule in our country in view of the connotation of dance work law was revealed. Then, from the perspective of the research on the dance ontology, through the analysis of constituent elements of dance works by learning from those of movie work, it was inferred that the dance work was expressed with the shape of the total sum of the shape elements as the ultimate shape of the works. In addition, the dance work type was subdivided according to the dance creation shape and the legal serviceability was sought. Finally, as for the recognition of dance copyright subject, the right ownership of different creation subjects was proposed, and the new copyright subject pattern of "producer" was proposed and perfected from the system by borrowing the movie producer system.The second chapter and the third chapter separately dealt with the principle applicability of the "thought and expression" dichotomy in the copyright protection principle of the dance works. Through the analysis of dance expression complexity, the "expression+thought" multiple recognition path method was proposed. And the core idea of substantive similarity in dance expression was analyzed on the basis of this principle, the determination of work substantive similarity by the dance movement design was denied, and the non-original request of dance works for the dance movements was obtained. In the third chapter, this argument that originality is not manifested in the movement was elaborated in depth, namely, the originality of dance expression was established on the basis of the tertiary path, and poetic expression, logical expression and mirror image production was proposed. And through summarization three ways of realizing originality of the dance works were obtained in the creation process. The shape elements, total essential factors and form connotation constituted the essentials of dance expression together. The originality recognition of the dance work name and the work form in the new category was further recognized by three expression essentials.In the fourth chapter, the copyright protection matter was proposed in view of the ballet works. Ballet works is a predominant type of dance work; simultaneously it is also a work type on which cases often occur; it is, on the other hand, the most industrialized type. Conducting research on the ballet works as the copyright object inevitably has the pivotal significance in the dual angles of view of the artistic creation and the legal science protection construction of the entire dance art. In this chapter, starting from the case fact, what was protected for ballet works as the copyright object was explained, it was proposed in the existing legal biased frame that the main integrant constituent elements of ballet expression was dance, and the core values expressed by the ballet was expounded, namely, the completion of the original expression conforming to the dance work with the dual construction ways with the main expression method of dance and other art method is the original essential connotation of the created ballet.Finally, the countermeasure was given and a protection system in view of the dissemination management stratification layer was conceived and initially constructed. This chapter attempted to propose some constructive principles and methods about the dance work right infringement recognition, which is theoretically and systematically innovative, simultaneously conducted analysis on the drive system of dance creation by learning from the movie copyright drive system, advocated balancing the existing incentive mechanism, thus reached the well distributed condition with the copyright system as the primary factor and the administration incentive means as the auxiliary factor.The primary research intention of the present paper lies in trying to fill the gap in the research area of the domestic dance copyright system, through the well-directed systematic research of the right related with dance copyright and the concrete protection system, revealing the in-depth implication behind the simple law provision in kinds of laws and regulations such as the copyright law, providing the law and the theoretical support for the proper application of the copyright law and the adequate solution of the domestic dance copyright dispute. And on this basis, it is analyzed that how system innovation is carried on in the complex creation environment that is faced in the domestic dance creation including the administration incentive mechanism, and it is expected to make the preliminary theoretical construction for the construction of the domestic dance copyright protection system.