Research On The Copyright Protection For Short-Lived Works Of Art

In recent years,a large number of outstanding short-lived works of art have emerged in China’s cultural market,which has improved the spiritual realm of the people,and has also promoted the vigorous development of art and culture.But in the process of protecting short-lived works of art’s copyright,it also exposed many problems,and in the future these issues will become typical representatives of the evolution of copyright infringement disputes in the field of copyright protection.China’s current copyright law has undergone two amendments since its first promulgation and implementation in 1991(the third revised copyright law is coming soon),and it has made adjustments in terms of types of works and fair use situations,which has certain guiding significance.However,in judicial practice,because of legislative lag,many differences between short-lived works of art and traditional works,and the distribution of market interests(public interests)and personal interests,the rights and obligations of copyright owners,and the relationship between creators,communicators and users is difficult to balance.So there are still some shortcomings in the copyright laws on regulations of short-lived works of art,and views in judicial practice have not yet been unified.The main manifestations are as follows: whether short-lived works of art can be included in the scope of existing types of works protected by copyright or not;the lack of clear identification of the boundaries for fair use of new forms of works;the dispute of the ownership of short-lived works of art and its corresponding flat reproductions;the lack of unified accurate standards for judging the originality of short-lived works of art.By comparing with the copyright laws of overseas countries,it can be seen that there are several problems existing in China’s copyright protection systems.On the basis of learning from the excellent overseas copyright protection experience,combined with China’s national conditions and the actual situation of the China’s cultural market,the main ways for China’s copyright legal system to improve are as follows:promote legalization of work types;improve the application of fair use systems,including the addition of pocket clauses and other provisions in fair use situations,and the addition of technical safety regulations and related judicial interpretations;refine the relevant provisions of copyright ownership and give judicial interpretations for judgment objects and recognition standards of originality.