The Legal Relation Between Audiovisual Works And Existing Works In China

Recently, due to the intricacies of its nature and the great influence it brings, the the copyright protection of audiovisual works became an urgent demand for Legislators. An audiovisual work, as a totally new and independent work, is the fruit of intellectual and creative contributions. It, as a derivative work as well, usually results from the emergence,combination and transformation of various sorts of existing works.Comparing to other subject matters of copyright, the legal relation between audiovisual works and existing works is so special that it has been treated differently in the copyright law. This article attempts to make a empirical analysis method, supplemented by comparative analysis method and historical analysis method so that we may learn the legal relation between audiovisual works and existing works.The first part of this article begins with the introduction of the origin and development of audiovisual works and pre-existing works both domestically and overseas.The second part, following analysis the case in China, this article will further discuss the situation of the legal relation between audiovisual works and existing works.And the third part compares the legal relations of audiovisual works between domestic and foreign and make it clear that the frames and contents of the related laws in different countries are quite distinct from each other so that we may learn merits of other legal systems to improve the existing provisions of China. The last part will analyze the special provisions on the aspiration and application of audiovisual works in other presently counties and conclude the article with reflection and suggestions for future legislation in China.