On The Determination Of Infringement Of Text Works By Audiovisual Works

In practice,it is determined whether there is infringement between two works.Usually,substantive similarity rules are used to judge.However,judging only substantive similarities in the content cannot lead to the infringement of the work.Based on a real case study,this article focuses on the identification of copyright owners of audiovisual works and the identification of infringement of relevant behaviors.On the one hand,whether the copyright of the widely controversial audiovisual works in reality belongs to the producer and How to determine the identity of the producer has carried out a more comprehensive analysis and discussion;on the other hand,an in-depth study of the application of the "contact+substantive similarity" rule in the determination of works infringement was conducted.This article believes that "producers enjoy"Copyright" and other relevant provisions are contrary to the theory of "authors enjoy copyright" in China and should be revised accordingly."Signature presumption" is still the primary method of identifying the producer's identity,but the signature method of audiovisual works should be further standardized and improved.When applying the "contact + substantive similarity" rule to determine the infringement,the judgment of the contact should strictly distinguish the different criteria for the application of the presumed contact rule and die direct contact rule;for substantive similarity judgement,the contents of the copyright law should be correctly divided.Finally,some suggestions on the problems existed in the relevant provisions of the audiovisual works attribution system in the current copyright law of our country are put forward,and the premise standards of applying the "contact + substantive similarity" rules are further sorted out.