On Copyright Of Audiovisual Work

The generation of audiovisual work needs the joint effort of many participants, involving different legal relationships. Audiovisual work show different characteristics in different legal relationships, including the characteristics of derivative work, joint work and hired work. The research method includes theory analysis, interpretation of legal texts, case analysis and comparison of legislation. The aim of this paper is to illustrate the definition of audiovisual works, the copyright ownership of audiovisual work, the relationship between audiovisual work and the existed works, the right of remuneration of the authors, then make legislative recommendations of copyright of audiovisual work based on the analysis of the legal provisions of China and foreign countries. The paper is divided into four parts:First chapter is a discussion on audiovisual work in general. By introducing the definition of audiovisual work in PRC Copyright Law and analyzing the relevant provisions of international conventions and foreign legislations, we will reconstruct the definition of audiovisual work. Then we will illustrate the characteristics of audiovisual work.Second chapter is about the copyright ownership of audiovisual work and the content of the copyright. Firstly, we will introduce the relevant provisions of the copyright ownership in Copyright Law and point out the problems. Secondly, we will compare the regulations of international conventions and foreign legislations regarding the copyright ownership. Thirdly, we will conclude the copyright ownership of audiovisual work and illustrate the content of the copyright, which includes both economic rights and moral rights.Third chapter is study on the remuneration of the authors. We will discuss the rationality of equal right of remuneration of the authors and summarize the focus of the discussion. Based on the analysis of foreign legislations and experiences, we hold that it is necessary to stipulate the equal right of remuneration of the authors.In the fourth chapter, we will analysis the legislative defects of the existing Revised Draft Manuscript of Copyright Law in the definition of authors, the relationship between audiovisual work and the existed works, the copyright ownership, the remuneration of the authors. We will make legislative recommendations regarding these defects.