Study On The Legal Definition And Copyrights Ownership System Of Cinematographic Works

Cinematography, common seen as a branch of art, is also included into the field of subject. People, generation by generation, are significantly influenced by movie due to its charming artistic expression since the day it was created. Movies are requisite entertainment of modern society. What’s more important is that movies have been functioning as an effective mean to known foreign culture and an approach to some specific technologies. With the development of science, a lot more hi-techs are applied into the creation process of film works, which bring us tremendous opportunities, as well as pressure and challenges. In accordance with the increasing emphasis of intellectual property and copyrights in China, issues of copyrights ownership of cinematographic works are regarded as primary problem to be cleared in this very area. Although Copyright Law of P.R.C. includes clear regulations of film works and related copyrights ownership, it still remains definite disputes during the practice of law. The academia used to carry on studies on the issue of the legal institution of cinematographic works copyrights ownership in China, yet the research achievements stood on the level of suggestion for consummation or detailed analysis of institution at most, not systematic legislative proposal or so as expected.In order to study the copyrights ownership issue of movies in China, the author adopted the methods of system approach and comparative analysis and made a comparison research on film copyrights ownership in China and some other countries from comprehensive aspects, depending upon the integration of theories and practices. This paper elaborates from 4 independent parts besides prolegomenon and conclusion.1st part puts forward the idea that the concept of cinematographic works needs to be redefined imminently in current law of P.R.C. according to specific traits of movies.2nd part concentrates illustrating legal institution of copyright ownership abroad, including international covenant, related laws in typical nations of different instances of legislation, and various considerations of rules in diverse legislative systems. 2nd part also contains author’s thinking and advices towards lawmaking in China according to the advantages of other legislation instances.3rd part consists of general principles of films’ copyrights ownership and differentia of domestic produced works, collaborative works and derivative works. The analysis above determines the differences of copyright ownership among different producing types.4th part presents analysis of movie copyright ownership in China from the view of jurisprudence. Chinese legislation has its own merits, however, there are still quantities of problems remained with great controversy which are mainly discussed in the final part of the paper. And put forward measures for the improvement of the copyrights ownership system of cinematographic works.