Research On The Copyright Protection Of The Dance Works

When all walks of life across the country have thoroughly studied and implemented the spirit of the 19th Congress,dance art has ushered in the most prosperous period.Many outstanding young dancers have sprung up like mushrooms and show the new life,new ideas and new style of China.However,the copyright protection mechanism of dance works in China has shown obvious limitations and lag.The copyright system needs to be improved and refined urgently,which is related to the intrinsic motivation and competitiveness of the innovation and development of dance works.This paper is divided into five parts:The first part expounds the related concepts and connotation in the copyright of dance works.In the perspective of jurisprudence,there is ambiguity in defining the legal connotation of the subject and object of the copyright of dance works.Therefore,this paper takes longer to make comparative study on dance works in the field of art and law.Through the comprehensive study of copyright law,dancing theory and choreography theory,the study is intended to clarify the attribution of the copyright of dance works and determine the elements of dance works.The second part analyzes the copyright protection of dance works in China.In this part,the study analyzes the problems and shortcomings of the legal system of dance works copyright and combined with the revelation of the judicial examples of Chinese dance works infringement disputes,and then puts forward the target of our country's copyright protection system of dance works.The third part explores the original standards of dance works.Whether dance works is original or not is one of the necessary conditions to judge whether it is protected by copyright law or not.It is also an important criterion for judging whether it constitutes infringement disputes in the sense of copyright law.This part combines with the characteristic feature of dance which is comprehensive art performance to summary the identification criteria of originality of dance works by using idea/expression dichotomy in copyright law the basic principle.The forth part analyzes the argumentation principles and components of the copyright infringement responsibility of dance works according to the types of infringement,the principle of imputation,the constitutional requirements and the logical thinking of assuming responsibility.Due to the fact that copyright has the special attributes of personal rights and property rights,the academic circles are constantly contending with the principle of what type of copyright infringement is applicable.By combining many cases of copyright infringement disputes in the judicial practice,the author integrates common types of infringement in disputes over copyright infringement in dance works and expresses their views on the principle of attribution in this part.At the same time,this part argues the standard of "substantive similarity plus contact",which is commonly used in judicial adjudication cases,and focuses on the typical case of a famous dance named Thousand-hand BodhisattvaThe fifth part puts forward the constructive suggestions on the copyright protection system of dance works.Aiming at the current situation of the copyright protection in Chia and the frequent problems in the judicial practice,based on the above discussion,this part tries to put forward the means and ways to protect the copyright of dance works in China.Also,this part gives advice and suggestions and strives to create a healthy and good living environment for the copyright of dance works.