The Protection Of Audiovisual Works In Copyright Law

Audiovisual work is a kind of special derivative work and joint work, and itcontains the joint effort of the director, the screenwriter, the photographer, the filmcutter and many other staff engaging in creative work and the huge capitalinvestments of the producer. The protection of copyright of audiovisual work is verycomplicated and involves interests of many subjects, so it is significantly meaningfulin practice. The current copyright law has some shortcomings in the provisions of thedistribution of interests, which causes some disputes in the right exercises. The firstdraft, the second draft and the third draft of the modification of copyright law allsuggest some revisions for the corresponding shortcomings. Combined internationaltreaties, relevant laws and judicial cases, this article would make a contrast betweenthe current copyright law and the drafts of modification, and discuss the copyrightprotection problem of audiovisual work in the aspect of distribution of interests,hoping to construct a complete system of distribution of interests and providereference for the third revision of copyright law.The first chapter defines the basic conception of audiovisual work. After referringto the provisions of foreign laws, we can determine to replace the cinematographicwork and work created by virtue of the analogous method of film production with audiovisual work. The drafts of modification of the copyright law give a cleardefinition of audiovisual work and delete the concept of video recordings. Thischapter mainly analyses the elements and the degree of originality of audiovisualwork, thus making clear of this article’s prerequisite.The second chapter describes the current situation of the distribution of interestsabout audiovisual work by introducing the deficiencies of the current distributionmechanism of interests and the modifications in the drafts of modification of thecopyright law. In practice, the rights of the creators are always ignored, so the draftsconfer the “Secondary Right of Remuneration” to the creators and the performers. Itindicates that the introduction of Secondary Right of Remuneration has improved theliving condition of the author and the performer to a certain degree, but there are alsomany shortcomings in that stipulation.The third chapter introduces the advanced experiences from overseas legislationand judicial practices of the author-right countries and the copyright countries aroundthe distribution of interests of audiovisual work. This chapter focuses on thelegislation of France, Germany and the United States: the author-right countriesconfer the “equal right of remuneration” to the creators through copyright law, but inthe copyright countries the distribution of interests of audiovisual work is governedby labor law such as Labor-Management Relations Act in United States. Throughcomparisons for the two legal systems, this chapter analyses the inspiration of theabove legislations to the modification of Copyright Law in China based on Chinesecurrent situation of the distribution of interests about audiovisual work.The fourth chapter proposes suggestions for protection of distribution of interestsof audiovisual work. First of all, this chapter determines the legal property of the rightof distributing interests. Concerning the secondary right of remuneration, I discuss itsdifferent legislative patterns. Referring to the shortcomings of audiovisual work in theaspect of the distribution of interests, this chapter makes some legislative suggestions,making sure that the property of secondary right of remuneration is the creditor’s rightin contract that needs improvements from the aspects of subject, object and exercisingmethod, adding the right of claim for increasing remuneration, with consideration of overseas legislative experiences and the condition of Chinese film industry.