The Judgment Standard Research Of The Originality Of The Film And Television Works

In recent years, China’s film and television industry has obtained the development which progresses by leaps and bounds, the domestic film and television play ratings and box office value are rising, and gradually to the world of film and television stage camp step by step. Because of the film and television industry has huge commercial interests and potential market value, in order to complete their own film or television works without thinking new ideas and doing too much hard work on it, some producers of the film and television play remaking 、copying some existing film and television works unscrupulously. Just because of these players’ unscrupulous behavior, some film and television works copyright infringement cases have occurred in the our country resent years and more than a year than a year. In the final analysis, the question of the film and television works copyright infringement cases is whether the film and television works itself is original. We should know that originality is the vitality and substantive conditions of the film and television works. And which is also the precondition of the film and television works can be protected by copyright law. About the standard of the original of the film and television works,however, has no clear stipulation in the domestic and international copyright law or the related laws on copyright. Therefore there is no so much blank regulations on the certain degrees of the original of the film and television works in the legislation. And this situation leads to the result that most of the cases about the original of the film and television works could not be in accordance with the laws on it, which will bring too much inconvenience to the judicial practice in reality. In this paper, we will mainly talked about the the standard of the original of the film and television works. And we will take the film and television works copyright problems as a starting point, combining with the experience of the theory and practice in our country and abroad, hoping to explore an accord with the actual national criteria to judge the original of the film and television works. We also hope the standard of the original copyright of the film and television works could be used in judicial practice. We also hope we could give some suggestions to complete the theory on the original of the film and television works, to determine the standard of the original, not only improving but also perfecting the copyright law system in the future.