CPPCC member Lu Huanbin: Enhance the protection of property rights and avoid copying films and TV programs

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 CPPCC member Lu Huanbin: Enhance the protection of property rights and avoid copying films and TV programs


Lu Huanbin pointed out in his speech that the protection of intellectual property rights is the protection of originality, especially in the field of literature and art, especially in the radio and television industry.

He cited various reasons for the inadequacies in the originality of current Chinese film and television works.

First, weak protection, the performance is take, take and take.

Especially in the network environment, it is easy to copy and spread, which makes some good original films and TV products easy to be pirated. The Name of the People has just half aired on TV, and all 55 episodes have been leaked online ahead of time. The hit TV series Qian Yuezhuan and Peach Blossom in the Thirteenth Generation and Ten Miles are equally unavoidable.

Second, the inadequate safeguarding of rights is mainly manifested in copying.

Plagiarism is not only in the field of literature, but also in film and television production. First, copy the foreign TV program mode, then copy the domestic, many TV marriage programs, talent shows are basically a model. For the originator, because of the high cost of safeguarding rights, low compensation, long period, safeguarding rights is often unable to start. Lu Huanbin said in his speech.

Third, lack of innovation, the key performance is buy buy buy buy.

Because there is not enough protection, there will be no enthusiasm for innovation of Chinese film and television works. In addition, the purchase of foreign program modes will result in low risk and high success rate. Therefore, we all spare no effort to buy foreign copyrighted programs. In recent years, although there have been improvements, there are still fewer original models and programs. Lu Huanbin said.

In response to the above problems, he made the following recommendations:

Firstly, we should strengthen legislative protection and accelerate the revision of laws in various departments of intellectual property, especially the Copyright Law.

The protection of original copyright mainly depends on the Copyright Law. Seven years have passed since March 2012, when the State Copyright Administration published the third draft amendment of the Copyright Law for public consultation. Compared with Patent Law and Trademark Law, the revision of Copyright Law is relatively lagging behind, and can not adapt to the new situation, especially the needs of copyright protection under the network environment. It is suggested that the protection of original works should be highlighted in the revised draft of the Copyright Law and the revised draft should be submitted to the Standing Committee of the National Peoples Congress for consideration as soon as possible. Lu Huanbin said.

Secondly, we should strengthen judicial protection, introduce relevant judicial interpretations in copyright protection, unify judicial standards and establish judicial authority.

When we safeguard the rights of original works, such as the same case, the amount of compensation awarded by the courts in Beijing and Changsha varies greatly. For some common problems such as infringement compensation, it is suggested that the Supreme Peoples Court issue unified standards of judicial interpretation in time, strengthen the punishment of copyright infringement, and bring long-term or malicious infringers into the social credit supervision system. Effective crackdown on infringement is the best incentive for originality. Lu Huanbin said.

Thirdly, we should strengthen the protection of administrative law enforcement and increase the support and incentives for excellent original products.

The most important thing is to strengthen the protection consciousness of radio, film and television media and improve the original incentive mechanism.

It is worth noting that in 2018, nine excellent original programming modes of China, such as National Treasure of CCTV, Reader Lang, King of Cross-Border Songs of Beijing Satellite TV, and Sound on the Border of Hunan Satellite TV, appeared on the main stage of Cannes TV Festival collectively, which opened a new journey for Chinese TV programs from the past buy and buy to the original output.

We need to improve the original incentive mechanism, integrate the copyright development benefits of original programs with the interests of production teams, and establish an incentive mechanism of double incentives for viewing and copyright benefits, so that more original products can help Chinese culture go abroad. Lu Huanbin said.