Research On Film And Television Works Copyright Benefit-sharing Mechanisms

Film and television works fixed in any media above a certain way, by a series of sound or no sound related activities screen, and With the appropriate devices screened or otherwise disseminating the works. In copyright law, focusing on film and television works of creation, dissemination and utilization behavior associated with many different interests can generate benefit-sharer. These interests are the interests of Copyright holders and Neighboring Right Owners and the public on the whole. From the process, they are the interests of creators and the interests of the communicators of the work and interests of users of the work. In practice, they are the investors’interests, the interests of the author, the spread of business interests, the interests of final consumers, and other social public interests. A film and television works not only the sharing of economic benefits, as well as the sharing of the spiritual interests, as reflected in the legal framework, are legal interests of the allocation.From the balance on the point of view, copyright law is in the works of creation, dissemination and use of the process on the rights of the main interests of balance. Copyright Law in the design of benefit-sharing mechanisms involved in film and television works, there are not clear in legal definition or relationship, limitation of rights is too rigid and other practical problems, and these directly affect the creation of China’s film and television works, dissemination and utilization can not achieve a good balance of interest effect. Therefore we have the specific content of the need for film and television works in-depth discussion of China’s Copyright Law-sharing mechanism.First of all to study key issues in film and television works of the benefit-sharing mechanisms, Objects as well as the rights of the content of clear benefit-sharing of film and television works, At the same time to discuss the benefit-sharer of the interests of film and television works to clarify the specificity and complexity of the film and television works in the benefit-sharing, seek to benefit-sharing of film and television works copyright context clearly revealed. And then discuss the current situation and problems of China’s film and television work benefit-sharing mechanism, concerned about it’s shortcoming from a theoretical and practical point of view. By studying the balance theory of the copyright interests of film and television works to share, described the copyright of foreign and regional film and television works benefit-sharing rules. With legal analysis and inductive analysis, we summarize system of copyright law and author’s right law system on behalf of the states to provide appropriate legal draw for China’s Copyright Law. In our legal tradition, as well as socio-economic and development of film and television industry, according to the dialectical analysis with benefit-sharing basis theory, we make traditional legal options for the balance of interests between the private and public of to the film and television works, but also absorb the rights-weakening and interests-sharing theory weakening the right to prohibit the right of legal thinking, as China’s film and television works copyright benefit-sharing mechanisms to provide a legal basis. Finally the face of China’s Copyright Law provides that involved the interests of film and television work to share the status of the mechanism, combined with the legislative experience of the two legal systems, with specific recommendations for legislative proposals to improve China’s film and television works copyright interest in the sharing of specific rules: First, clearing film and television works the copyright owner and original works of copyright holders interests; Second, around the definition of "producer", clearing film and television works copyright ownership of rights; Third, strengthening the right to equal remuneration for creators and performers and balancing the economic interests; Fourth, adjusting the copyright rights restrictions to protect the balance of interests between the subject of rights of public film and television works. In the framework of China’s Copyright Law, we will be able to make the interests of film and television works sharing a more reasonable and blameless sharing mechanism, both to take into account the interests of all parties to promote the prosperity and development of film and television industry, and also allows more the number of film and television works fullest dissemination and use of rich spiritual and cultural public.