Research On Some Problems Of Network Infringement Cases In Film And TV Works

In today’s society, as people’s requirements of living quality rising, watching video becomes fashionable entertainment. A small screen carries the vicissitudes of life and the interpretation of worldly joys and sorrows. Film and television industry with network technology is developing more robustly with more broad space. However, there are some issues to be concerned behind the prosperity. For the specificity of network environment, copyright infringement is becoming more and more serious. Judicial protection turned to be a failure just because it is difficult to reach consensus. Problems such as how to determine the jurisdiction of the courts and compensation, how to analyze tort, how to identify the fact and the admissible of evidence etc. are worthy of study and expected to be clarified by the parties involved in proceeding. Given above contexts, this thesis set films and television programs dissemination infringement as pointcut, in order to comprehensively and accurately analyze the major issues involved in infringement judgement.This paper applies the basic model of " Raise question- Analyze problem- Solve problem" and "total- points- total" argument structure. Attached to unified argument, each chapter expands around respective sub-arguments and finally summarizes the issues and measures. The first part, as "pandect", mainly combs logic relationships and definite research problem and direction. The second part is "analysis", which discusses the key and difficult problems in infringement cases of films and television programs dissemination. The third part is "conclusion". In this part, aiming at the sticking point of problems and combined with China’s relevant laws and regulations, the paper explores proper solutions, then according to laws analyzes the judicial cognizance of action strategies of related interests, and put forward reasonable suggestions.