A Research On The Ownership And The Profit Distribution Of The Cinematograpgic Works

Cinematographic work is a comprehensive sort of work, whose creation requires huge amount of fund and staff, because of which, the recognition of the author of a cinematographic work remains a controversial problem. The current copyright law gave no specific answer to the relationship between the cinematographic work and the prior works on which the cinematographic work is created, that leads to a copyright disorder between the authors of the cinematographic work and the prior works. In the wake of the booming of the film and TV industry, how to make a fair distribution makes a big deal on the further development of the film and TV industry in China.The legislators try to rebuild the copyright system of the cinematographic work through the third amendment of the current copyright law. This article attempt to study, analyze and make comments on the related international treaty, laws, cases and China’s copyright law(draft for comments) in order to comprehend the legal relationships around the cinematographic work.The first chapter is an introduction to the cinematographic work. The content includes the terms related to the cinematographic works. Chapter two discusses the first distribution of the copyright of the cinematographic work since it is created. Chapter three probes into the question about the remuneration system and assets its environment of enforcement in China. Chapter four mainly makes comments on the copyright law(draft for approval) and made a conclusion about the content of this article.