Research On The Rights Of The Author In The Audiovisual Works

Compared to the dryasdust poems,dramas,novels and other textual works,television,film and other audio-visual works can show the characters' traits and psychological activities through the actors and language performances under the director's co-ordination and convey the ideas of works to every audience through the continuous pictures under the joint efforts of the post-film cutters,lighting engineers and photographers,which can intensify the effect of expression through audience's auditory sense and visual sense so as to bring a vivid artistic experience to audiences.In the entertainment,increasing audio-visual works produced from the novel adaptations by investor further expand the appeal of writing works at the same time.In many types of works,audio-visual works are more complex,which need to use a lot of previous works in its formation,including not only graphics,art,dance and writing,but also fragments in audio-visual works and dramatic works,covering large part of the work categories which already exist.After the completion of the adaptation and production of the work,it not only needs to solve several issues,including the use of audio-visual works,rights distribution,dispute resolution and others,but also should take the economic and social development into account.With the development of science and technology,copyright protection is particularly important,based on this,China is carrying out the third revision work of "Copyright Law".The "Copyright Law(Draft Amendment)"(hereinafter referred to as the "the first draft")published by National Copyright Administration in March 2012 caused great repercussions in the community.All sectors of society offered advices and suggestions.Later,the "Copyright Law(revised second draft)"(hereinafter referred to as "the second draft")was published in July,the "Copyright Law(revised draft for review)"(hereinafter referred to as "draft for review")was published in October,but up to this day,the draft has not yet passed,indicating that a lot of contents have larger divergences that cannot reach a consensus.In this,the previous expression "film works and similar works in the way of film production" is changed into "audio-visual works",making the amendment of law about audio-visual works has become the focus of attention of the community.At present,the "Copyright Law" can give the corresponding legal protection for film and television works,but both theoretical and practical circles have disguised criticism due to the insufficient system and some relatively vague expression.Just because of this,this article is divided into the following five aspects:The first part is an overview of audio-visual works and existing works,which mainly analyzes the concepts and features of audio-visual works and the existing works and defines the relationship among the basic content,the basic development process and other concepts.Only by clarifying the two basic concepts can we do further research and lay the groundwork for the legal relationship.The second part is the legal relationship between the audio-visual works and the existing works.This section mainly introduces the relationship between audio-visual works and existing works,including deductive relation,cooperative relation,commission/employment relationship.Different legal relationships determine that the author of the work has different rights in the audio-visual work,so the countries will measure these three relations in the legislation and make appropriate choices.The third part is the rights of the extraterritorial authors who already have works in the audio-visual works.It expounds some foreign countries' choices in the audio-visual works and existing works on the legal relationship,what rights are entitled to author who already has works on this basis or what way to resolve the rights disputes.Through the relevant law-making stipulations of extraterritorial countries to provide reference for the exploration of rights of the author who already have works.The fourth part is China's provisions and existing problems of rights of the author who already have works.This section mainly introduces the provisions in the existing law and the "draft for review" on the rights of the author who already have works,and points out the existing problems,so as to lay the foundation for the perfect conception.The fifth part is the conception of perfecting China's rights of the author who already have works.This part mainly introduces the basic theory of the rights of the author who already have works,and the maintenance of the rights of the author who already have works,and puts forward the specific judicial and legislative suggestions combined with full text.