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A Comparative Study Of The Legal Protection Of Copyright In Chinese And Russian Audiovisual Works

Posted on:2019-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z W SangFull Text:PDF
GTID:2416330545455341Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the vigorous promotion of cultural soft power in our country,the film and television industries are also booming.However,various problems have arisen in the course of their development.Part of the reason for this is that our country has been concerned in this respect The imperfection of the legislation,it is imminent to perfect the legislation of audiovisual works in our country.In the past few years,the revision of"Copyright Law" has been amended and perfected the legislation of audiovisual works.Most Chinese scholars and experts also put forward their own opinions on this series of amendments.From the advanced countries such as the United States,Japan and Germany Draw lessons from the legislative experience,but this may not be suitable for our country's national conditions,at the same time have a greater controversy.The Russian Federation and my own country belong to the "Berne Convention",and at the same time,China and Russia have also enjoyed more economic and cultural exchanges and cooperation in recent years.With the introduction of the Civil Code of the Russian Federation,the codification of the system of intellectual property has also been successfully completed,of which the relevant system of audiovisual works has been formulated and improved.Therefore,it is necessary to make reference to the system of audiovisual works in the Civil Code of the Russian Federation and improve the relevant legislation of audiovisual works on the revision of the Copyright Law.This article attempts to compare the similarities and differences of legal protection system of audiovisual works in China and Russia by using the comparative method and example method to analyze the current law in our country and to amend the legislation about the audiovisual works in the draft,Part of the relevant system for reference and reference,so as to amend and improve the legislation of audio-visual works in our country make recommendations.This article is divided into four chapters:The first chapter mainly introduces the overview of legislative status quo of China-Russia audiovisual work system and the comparison of the definition of audiovisual works in China and Russia,as well as suggestions for the improvement of the definition of audio-visual works in our country.The chapter mainly introduces the legal relationship between the properties of audiovisual works in our country,the current law and the subjects of audiovisual works in the revised draft.The third chapter mainly introduces the attributes of the audiovisual works and the rights of the subjects in the Civil Code of the Russian Federation.The fourth chapter mainly compares the important legislative differences between China and Russia about audiovisual works,and puts forward the following five legislative proposals with reference to the "Russian Federation Civil Code" for the lack of relevant legislation in our country:(1)Proposed amendments to the definition of audiovisual works;(2)proposals to increase the rules for the exercise of rights of authors of original works of audiovisual works;(3)proposals to improve the initial distribution of interests of producers and audio-visual authors;(4)to make suggestions on the rules to be followed in using other people's works to create audio-visual works;(5)Proposals to increase the secondary remuneration system.
Keywords/Search Tags:Audiovisual works, "Russian Federation Civil Code", Profit distribution, Modify the draft
PDF Full Text Request
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