Research On The Pledge Of Film Copyright

Copyright pledge is a kind of legal activity that a debtor or a third party disposes its rights in the copyright work as pledge to guarantee the repayment of debts. Copyright pledge, owing to its useful financing function, shall be paid greater attention to, especially when culture creative industry is hungry for funds. However, there is almost no theoretical research on the pledge of film's copyright currently in China and few introduction of the relevant experience abroad. Under this circumstance, a systematic research on the pledge of film's copyright is of very great significance.In this thesis, by taking historical analysis, logical analysis, comparative analysis and empirical research methods, an analysis has been made on the concept and characteristics of film's copyright pledge, the pledgor of film's copyright pledge, the object of film's copyright pledge, the effectiveness of film's copyright pledge as well as the status in China's current practice. In this thesis, it is purposed to reveal the deficiency in current legal system of copyright pledge while provide practicable suggestions to the film's copyright pledge practice, hoping to make contribution to the development of film and television industry.Chapter One:"the concept and characteristics of the film's copyright pledge", through the view of the historical development of pledge and rights pledge, an analysis has been made to the characteristics of object of pledge and the feasibility of copyright pledge. Then, by taking the concept of film work, the concept and characteristics of the pledge of film copyright are identified. Chapter Two:"the pledgor of the film's copyright pledge", through discussion of the definition of "film's author" as well as a introduction and analysis made to the relationship between the production manager and author, the relationship between the production manager and the owner of film's copyright, an analysis on the qualification of pledgor has been made.Chapter Three:"the object of the film's copyright pledge", based on the economic rights of film's author as stipulated in "Copyright Law", as well as the laws and regulations relating to film administration, an analysis on the copyrights capable for being pledged has been made, and the sources of invading or restriction to the value of film's copyright is pointed out. Meanwhile, an analysis has been made to whether the so called"future work"could be pledged as well as whether the right of publication could be pledged, both of which are controversial issues in relation to the object of pledge.Chapter Four:"the effectiveness of the film's copyright pledge", In the "effectiveness essentials of the film's copyright pledge", in combination with analyzing the effectiveness essentials of copyright transfer, it is pointed out that due to China's current non-uniform effectiveness essentials in copyright transfer and copyright pledge, the pledgee's rights may not be protect properly. Then, it is proposed to build a uniform rule for copyright transfer and copyright pledge, which is to establishing the copyright transfer and pledge system based on registration antagonism. With the aforesaid conclusion, the author made an analysis on the rights and obligations of the pledgee and pledgor of film's copyright pledge.Chapter Five:"current status and improvement methods of China's film's copyright pledge" is the integration point between the theoretical research and practical application. In Chapter five, the author firstly summarized problems contained in the film copyright pledge, which include problems in security laws and copyright laws, and put forward improvement solutions involved the participations of government, the players in the film industry and the debtors. At last, the author introduced the legal structure of an international mature model called "pre-sale financing", hoping this could provide salutary lesson to the practice of film's copyright pledge financing in China.