Study On The Application Of Presumption On The Audiovisual Work Copyright In Our Country

In the drafts of the third revision of Copyright Law,the stipulations on audiovisual work copyright ownership has aroused broad discussion among different sectors of society.The creation procedure of audiovisual work is complex and involves many people;it is a large procedure of group collaborative creation,so the legislation makes special arrangement to the ownership of audiovisual work's copyright.Whether foreign legislation choice or our nation's legislation choice,they both put the copyright of audiovisual work into the hands of producers,only the legislation mode is different.After analyzing the advantages and disadvantages of these modes,I think that applying presumption to our nation's audiovisual work copyright ownership is feasible.But the presumption application research in our nation's copyright law is still blank.So the research on the presumption's connotation,system function and its application feasibility in copyright law provides a new research angle to the audiovisual work's interest bodies' rights and interests allocation.This thesis mainly uses comparative research and literature research,it conducts research on presumption's application in our nation's audiovisual work copyright via the following five parts.The first part is the background introduction;it mainly introduces the concept of presumption and audiovisual work's copyright ownership,and it introduces the reason of regarding presumption as a new angle of researching on audiovisual work copyright ownership,namely the relationship between them.The second part is the investigation of comparative law.This part introduces the two systems-copyright law system and author right system.It mainly introduces the copyright protection background,the affirmation of the author of the audiovisual work and copyright ownership mode of the main representative countries of these two systems-US,UK,Germany,France and Italy,and it discusses the features and limits of various modes,and their referential meaning to our country.The third part firstly introduces the four right sources of the audiovisual work copyright entitled by producers,and analyzed the possibility of the four modes' application in our nation's audiovisual work copyright.Secondly it teases the presumption norms in our nation's intellectual property law,which proves that presumption's application in our nation's intellectual property field is still blank.Lastly it explores the feasibility of presumption's application in our nation's audiovisual work copyright in combination with the system function of presumption.The fourth part is the current status and perfection of presumption's application in our nation's audiovisual work.I proposed the theoretical basis of presumption's application by starting from the current status and flaws in our nation's current legislation and the revision of copyright law,and propose the perfection advice for presumption's application in our nation's audiovisual work copyright.