The Study of Derivative Works in Film Industry

• Main Authors: CHANG, YING HAN, 張穎涵
• Other Authors: CHANG, CHUNG HSIN
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/24520293451818181355

碩士 === 東吳大學 === 法律學系 === 104 === The film market in Taiwan is growing in the past few years and there are more and more legal discussions about movie derivative works. Still, the discussions can only be found in news reports and online discussions; lawsuits about film derivative works in Taiwan can be rarely found, therefore, it is extremely difficult to learn the view points of the courts. Whether the Intelectual Property Law in Taiwan is sufficient enought to guide people to protect their rights when it comes to movie derivative works appears to be questionable, too. This research begins with the introduction of movie industry, and its development in Taiwan. Next, it introduces international conventions, and compare copyrights laws in Taiwan, USA, China, and Japan. In Chapter Six, the research categorizes international legal cases under four categories, which are idea/expression dichotomy and Scènes à faire, movie characters, works of hire, and faire use versus parody. The research brings up a few suggestions to the present regultions in Taiwan in the end. First, to resume copyright resgistration system can facilitate the licensing process. Next, to elongate the duration of rights will help to make Taiwan movie more competable in the international market. Thirdly, when considering whether performers can enjoy rights in movies, one should consider the quality and quanity of the performances. Lastly, parodies often infridges integrity rights of the original works, so it is improper to apply fair use doctrine.