Study On The Judgment Of The Ownership Of Copyright Of The Film-and-television Works

Film-and-television works belongs to 'the cinematographic works and works created by virtue of the analogous method of film production 'that stipulated in the copyright law.Regulations for the Implementation of the Copyright Law of the PRC define '' the cinematographic works and works created by virtue of the analogous method of film production" as " being recorded on some material, consist of a series of frames of images, with or without accompanying sound, and can be projected with the aid of devices suitable in relation to a specific works".Take the "record"as one of the conditions of film-and-television works, whether to belong to film-and-television works is irrelevant to the manufacture method,The definition of film-and-television works need to redefine.Film-and-television works is a kind of very special works which creation process is more complex.The authors included film-makers , directors, screenwriters, lyricist,composer, photography, actor, etc. The copyright law stipulated that the copyright shall generally vest in the author. But film-and-television works requires a lot of investment, and have larger market risks and special business model,for simplified rights structure, clear right attribution, be conducive to the protection of the right and the exercise of rights, the copyright law of every state have special legal provisions on the ownership of copyright, china's copyright law regulated that copyright in Film-and-television works shall vest in the producer,it is a legislative options that is in line with international practice,and the reason also relatively full,First, avoid trouble to determine identity of the film author , Secondly, it helps to film-and-television works spread and marketization use; Thirdly, when infringement occurs, it can prevent multiple claims and the endless litigation.About the regulation of the ownership of copyright of the film and television works, the China's copyright law is very clear and definite, but because the signature situation currently is more chaos in film industry in our country.Relevant administrative regulations also did not stipulate what sign in the film-and-television works corresponding to the"producer" that the copyright law have specified,leads to the"producer" that formulated in the copyright law has no unified corresponding signature way in practice.therefore there is different standard when judge ownership by signature as initial basis in practice.this not only brings troublesome to the judge when review ownership of works in judicial trial, but also causes a great deal of inconvenience in the copyright transaction.To solve this problem, it is necessary to give much attention to the film and television industry situation.At present, there has been part of the Film-and-television works has statement of the ownership of copyright in the closing credits。Tagging the statement of copyright is a kind of practice that film industry has taken , in order to avoid needless trouble to the copyright trade of the Film-and-television works that caused by Signature chaos.The statemen of the ownership of copyright of the film-and-television works, can be standards that recongnize the ownership of copyright.On the one hand, I Suggest related administrative regulations specify that all Film-and-television works must tag statement of the ownership of copyright , the subject that make the statement of the ownership of the copyright regard as "producer" that stipulated in the copyright law. On the other hand,the judicial cognizance standard can be unified in the premise that the signature of the ownership of copyright get standardization.That is if no proof to the contrary is available, the unit who makes the statement of the ownership of copyright shall be regard as the "producer "that stipulated in the copyright law.