Foreign Works Without Approval In China’s Copyright Potection

As the economic and social development, technological advances,international strengthening, cultural exchange is gradually increasingbetween China and the world. An increasing number of foreign movies andtelevision grow into our country. But our country carries out the importapproval system, without permission, the movies and television shall not bereleased, screened, import, and export. But whether such these works areprotected by our copyright law works, how to determine the type of them inour legal position, how to protect the right of them and how much the scopeof protection, China’s law does not give a clear opinion.As the material and cultural needs of the public, the need for languagelearning, people often spread、 download and watch the movies andtelevision on the internet. Based on it, copyright disputes frequently occur.This article starts with definition of works, analyses what works will be protected by China’s copyright law, then come to these works in the scopeof protection of our legal. During the process, that Copyright Law amendedsection4o has been discussed. At last I concluded that although the foreignworks without the administrative review are still protected by copyright lawin China, the approval is administrative rules and regulations and they cannot affect the rights，but limit the right of communication to the public.On this basis, this article refers to a large number of cases that thepractice of judicial hold a positive opinion on these works, which works alsoare protected in China without the approval, In practice, only if the contractis lawful,the copyright belongs to the people. This paper analyzesdifferently the works legal or not without the approval, because the exerciseright of these works with illegal content right will valid the other laws inChina. Therefore, the scope of the rights of two types of work is notconsistent, so when rights are violated, the rights demanded by the range ofcompensation do not the match.Finally, the paper discuses the remedies and compensation, althoughsuch works protected by our laws, the right people get the compensation isvery limited. So, the author proposes, according to different work situations,an appropriate increase in the scope of compensation is in line with theinternational trend of copyright law and development trends.