My Opion Of The Protection Of Illegal Works

From the Chinese-America intellectual property arguments, the problem of protection for illegal works become the focus of scholars. February 26th in 2010, article 4(1) of Copyright Law was modified. The illegal works became a hot topic. This article aims to discuss the questions such as the category of the illegal works, the ranges of rights of the illegal works and judicial relief to the illegal works. In sum, the author hopes to provide practicable suggestions to the court.The introduction section discusses the outline of the research. The illegal works was divided into two kinds,that is, works against the law on procedure, Works against the law on content. This classification is on the basis of judicial practice and article 4(1) of Copyright Law . In addition, both the scholar and the judges are uncertain about the classification standards of the illegal works, the range of the rights of the illegal works and the legal relief.Section I discusses standards about the categories and the classification of the illegal works. According to the exemples of judicial practice and the current copyright laws, there are the two kinds of illegal works, the illegal works which violate the Constitution or laws or prejudice the public interests,the works which violate the publishing administrative rules and regulations. The understanding of two kinds works was analyzed specificly. As far as the works against the law on content, it is subdivided.Section II analyzes the range of rights of the illegal works. As for works against the law on procedure, its copyright owner owns both the exclusive right and the right of exploiting the works by leglal way hereafter. Because this kind of works only violate the publishing administrative rules and regulations. the publishing administrative rules and regulations cannot exclude the right of exploiting works.As for works against the law on content, its copyright owner only own the exclusive rights, and don't own the right of exploiting the works.Section III discusses the judicial relief of illegal works. The Chinese court has the duty to check that whether the work has violated the Constitution or laws or the public interests.The check is the indispensable link in the trial work. Anyone who infringes the copyright of the illegal works that violate the publishing administrative rules and regulations shall bear civil liability for such remedies as ceasing the infringing act and paying damages. In addition,anyone who infringes the copyright of the illegal works that violate the Constitution or laws or the public interests shall bear civil liability of ceasing the infringing act. Some foreign films without the review of the film review institutions have been already distributed and projected in china. If those films do not contain the content of violating the constitution, laws, or prejudicing the public interests, and it is one kind of the illegal works that violate the publishing administrative rules and regulations.The Section IV is about the conclusion. The author summarizes the entire article.It underlined the rang of the rights of the two illegal works and possible relief forms when they were infringed.