Copyright Infringement and Protection in Holographic Performances: From the Chinese Perspective

Jerry Jie HUA

<Journal of World Intellectual Property>  Vol.20(3-4)   July 2017

Author

Jerry Jie HUA, Associate Professor, Research Interests:Copyright Law, Trademark Law, Internet Law

Keywords

copyright; copyrightability; holographic performances; license; ownership

Brief Introduction

The last several years have witnessed the growing popularity of holographic forms which show images of deceased or living celebrity performers on stage. The growing use of holograms in live performances has caused legal issues with respect to copyright protection, trademark, and right of publicity. The discussion in this note focuses on the two following primary questions on copyrights. First, in order to produce holographic images and avoid copyright infringement, from whom should the producer obtain copyright and what kind of rights do they have? Second, are the produced holographic performances copyrightable so that the producer can prohibit unauthorized use? A discussion of these issues will lend clarity to the boundaries of copyright infringement and copyright protection in the production of holographic performances and promote widespread use of holographic images in live performances.

By examining the features and technologies in the production of holographic performances, this note analyzes the copyright theories on works, ownership, exclusive rights under the copyright protection and derivation of works to determine: (1) whether a producer of holographic performances needs to obtain a license to use pre‐existing material; (2) from whom shall the license be obtained and what are the rights under this license for producing holographic performances; (3) whether holographic performances are copyrightable, and if copyrightable, how are they categorized; and (4) the copyright owners of holographic performances and the kinds of copyrights generated.