Reconstruction On The Relationship Of Rights And Interests For Subjects Of Copyright In Audio-visual Works

Audiovisual work is a kind of collective work. Typically, the generation ofaudiovisual works needs the joint effort of investor, script creator, preparing staff,cameraman and post-editor. As a kind of copyright work, audiovisual work enjoys thesame protection as other works, while has its own character–the issue of multiplerights. The relevant subjects are entitled the copyright and other related rights.Without a scientific division of copyright and reasonable distribution of interests, theconflicts and disputes would be raised during the exercise of copyright.Despite the related regulations about the distribution of rights and interests foraudiovisual authors have already been existed in Chinese Copyright Law, there aresome problems in legal practice and raised discussions among scholars andentrepreneurs due to the lack of distinction. Therefore, with regard to the ownership ofaudiovisual work, through the analysis, compare and study of related internationaltreaties, laws and regulations in different countries and jurisdictions, cases from bothin and outside the country and issues from legal practice, this article attempts toimprove the construction of ownership rules of audiovisual works and providessuggestions and references for the amendment of Chinese Copyright Law.Chapter One outlines the owners of audiovisual works and its standard of identification. Since the Chinese Copyright Law takes the terms of“cinematographic works to which are assimilated works expressed by process analogous to cinematography”, author defines the implication and extension of “audiovisualwork” first. Based on the relationship between works and copyright owner, thischapter analyses the contribution authors have made to the audiovisual works andposition as well. The chapter provides the facts and theoretical basis for the ownershipof copyright and distribution of interests.Chapter Two is the major part of analysis. The copyright entitled to subjects of audiovisual work would be divided into three parts: rights between original author and producer, rights between producer and film creator and the rightof works can be used individually. Aim to solve three problems: the lack of legislation on the original authors’ rights, the standard of identifying the producer and the co-authors are not clear and some misunderstanding concepts on works that can be used alone in the judicial decision.Chapter Three focuses on the issues of "Secondary Right of Remuneration".Starts from the provisions about Right of Remuneration under the current ChineseCopyright Law and the recent amendment draft, with the introduction of legislationfrom other countries, the chapter then analyses the referability and boundedness ofsecondary right of remuneration and concludes the theoretical basis of such right laysin the reasonable distribution of benefits.Chapter Four discusses the relationship between first and second distribution ofthe copyright of audiovisual work on the whole, based on the analysis and review ofthe above content. The chapter then provides legislation advices under the principle ofinterests balance and tries to reconstructs the related rules and hope to be beneficial tothe modification, improvement and promotion of the copyright law.