Research On The Audiovisual Works Copyright Ownership

Audiovisual works, is a complex of different intellectual achievements, which reflects the fusion of the reality as well. Generally, the “original” audiovisual works need to experience the upfront capital investment, preparations for the creation of late work, the middle of the organization and coordination, clips and special effects, and also need the creation of many participants intelligence and labor. Audiovisual works, has general characteristics of copyright works, but there are a lot of particularity, it which makes the ownership problem of the audiovisual works become more difficult and complex issues in copyright law.Reviewing existing academic information and theory of literature, there are so many domestic and foreign research articles in audiovisual works copyright law, mainly from the following several aspects: the definition and category of film and television works(audiovisual works), copyright ownership of audiovisual works, interests’ sharing mechanism of audiovisual works, and legal protection issues of audiovisual works, etc.At present, the Copyright Law has been modifying is being modified for the third time in our country. The statement "cinematographic works and works created by a process analogous to cinematography work," which has been used for many years, will be amended as "audio-visual works", and remove the concept of "video product" and delete the related laws and regulations will be removed. The change of laws of audiovisual works has became hotly debated issue now. To some extent, the existing system of copyright law provides basic legal protection for audiovisual works. But due to various fuzzy rhetoric and system defects, the legal regulation produces many problems this law has aroused some complaints in academic area and practical area. The Copyright Law(Draft I, hereinafter referred to as Draft I) was first revised in March 2013 and then revised in July 2013(hereinafter referred to as Draft II). In the third draft, which was revised in November 2013(hereinafter referred to as Draft for Examination), the article 19 of "the copyright law(the third vision of revised draft Song Shen Gao)"(hereinafter referred to as Song Shen Gao) make has made important adjustment in three aspects, namely the copyright ownership of audiovisual works, the various method usage, and the benefit sharing mechanism of audiovisual works. through "the copyright law(the first draft amendments) "(hereinafter referred to as the first draft amendments) in March 2013, "the copyright law(the second draft amendments) "(hereinafter referred to as the second draft amendments) in July 2013, "the copyright law(the third draft amendments Song Shen Gao)" in November 2013.Thus on the legal issues of the ownership of copyright in audiovisual works legal issues, this article attempts to build reasonable rules of copyright ownership of audiovisual works and provide reference for the modification of related parts in the copyright law, through to analyzing, comparing and researching the relevant international treaties,and details of three times revisions of copyright law, related regulations in other countries and religions regions, judicial cases at home and abroad, and the inevitable difficulties in the practical operation.Chapter I is to put forward the existing problem, through comparing regulations between the article 15 of "copyright law" and the article 19 of "copyright law(Song Shen Gao Draft for Examination)".The goal is to analysis analyze the defects of current audiovisual works ownership system in China today and the focus dispute of modification draft in the copyright law, attempt thus to provide resolution for to this problem in this dissertation.Chapter II is to define the concept and scope-- to make clear the property of audiovisual works and its protection scope, to briefly discuss the value target of copyright system between common law system and civil law system, and to explains the background and reasons of the modification background and the revised reason in our country’s of copyright law system on audiovisual works in our country. Currently, Chinese "Copyright Law" in China has always adopted the term "cinematographic works and works created by a process analogous to cinematography work".wording. First, the author first makes necessary explanations on the connotation and extension of " audiovisual work" connotation and extension for the third revision of the law. Second, the author to explores different provisions of copyright ownership of audiovisual works in two legal systems.Although the two legal systems have with different cultural backgrounds, legal value, and even more differences in legal provisions and case judgments, case law in ruling also very different, their value targets, which tend to integration integrate with each other, which now focus on the protection of property rights of copyright holders, the motivation of in order to motivate the public intellectual creation, and the promotion of promote the sound development of related industries.In this chapter, I the author will define the scope of the protection of audiovisual works under the Copyright Law and offer referential criteria referable criterion from the perspective of the object of audiovisual works object of copyright law to protect audiovisual works, and will review the legal modified background and value orientation of the modification of copyright law legislation from the angle of international legislation and judgment.Chapter III is mainly about to analyzing analyze the legal regulation and judicial cases. The author will discuss the ownership of audiovisual works both as a whole and as an independent work, through comparing the explicit regulations on the ownership of audiovisual works between common law countries and civil law countries. Furthermore, trial examples will be referred to to analyze the real dilemma of copyright ownership, especially on the ownership principles of audiovisual works which can be used independently, and on the standard of the owners’ extensive rights.referring to the trial examples and analyzing real dilemma on the issue of copyright ownership, in particular the principle of utilizing works alone and confirmation of the principle of individual ownership extensive rights. In this chapter, I the author will explain and analyze the pros and cons of the relevant provisions of this system of each country in different countries, make comments on the judicial practice of two kinds of legal system, and summarize the ownership systemof audiovisual works and relative related rights of the owners’ audiovisual works.Chapter IV is focuses on the modification suggestions of legal system modification. The ownership system of audiovisual works will be explained through new cases. The legislative changes and concrete practices of audiovisual works ownership system will be reviewed on the basis of the general principles and article 15 of the current Copyright Law in our country. The author will examine the possible problems and disputes after the modification of Draft for Examination, reconstruct the related provisions in a tentative way, and provide suggestions through foreign legislation and judicial practices, hoping to promote the improvement and modification of the Copyright Law. Applying a new case, explaining the institutional changes of ownership system of audiovisual work. Aiming at the current general principles and article 15 of the copyright law, we review the legislative changes and concrete practice of our legal system of audiovisual works, and examine possible problems and disputes after modification of Songshengao. In order to modification and improvement of copyright revision, we attempt to provide the tentative reconstruction of some related provision and put forward some suggestions combined with foreign legislation and judicial practice.