Copyright Films Preliminary Study On Anti-piracy

The domestic study on the copyright of motion picture works are mainly from law itself, on one or several specific point but lack of systematic research. The book copyright of movie written by Mr. Gan Longqiang , Taiwan author, is the only book I can find peculiarly study for the motion picture works, yet, it's the one written in 1980's. Nowadays, when we talk about motion picture works, hardly can we avoid the word: piracy. As the main enemy of motion picture, piracy makes the producer of the motion picture works headache, and the countermeasures of piracy have received only a little effect. It's advisable to take compositive countermeasures of piracy, but law measures should be the first choice. This thesis, using case analysis method and comparative method ,consists of four parts, which main contents are as follows:The first part is about the author of the motion picture and the vesting of the copyright. The thesis gives the concept of motion picture works firstly, according to the classification of the WIPO. The thesis raises four different legislation modes in some foreign countries, and goes with the legislation in china further.The second and third parts of the thesis analyze the exertion and restriction of copyright .As far as exertion of copyright of motion picture works is concerned, the thesis agues the copyright of motion picture works conceretly and systematically, with some law cases or new examples, trying to show the special characteristics of those rights. The thesis emphasizes on the new rights, for instance, merchandising right, rental right, on-line transmission right, etc. I try my best to use new materials and come up with new idea. From the motion picture woks character, the thesis discusses the restriction of copyright concretely, including fair use, statutory license, compulsory permission and time limitation.The fourth part of the thesis is concerned with countermeasures of piracy of copyright of motion picture works. The thesis deals with the primary problem of piracy directly. After introducing the different types of piracy, the thesis indicates the rampancy status of piracy. The thesis renders us the condition of piracy, aiming to make people realize the importance of countermeasures of piracy, especially new methods. The thesis analyzes some reasons of piracy and put emphasis on the economic reason. The public opinion doesn't get the point of countermeasures ofpiracy, for the process should be compositive and comprehensive. The thesis indicates further that the principal countermeasure of piracy is law measures, and it's not easy to operate theses measures. Finally the thesis agues the law measures from two aspects: legislation and execution, with respect to amplify the law, and enhance executive extent and offer countermeasures of piracy which has good availability.