An Analysis Of The System Of Secondary Remuneration System Of Audiovisual Works

With the continuous expansion of the utilization of audio-visual works,the economic interests created by audio-visual works increase,and the imbalance of interests distribution among the rights holders is also increasingly apparent.In order to adapt to the development of the author,to better protect the rights of our country,in the "copyright law" in the third amendment,proposed on the system of Secondary Remuneration system of Audiovisual works,but not explicitly "the subject of rights and the rights of the content of two right of return",which has caused great controversy.According to the current situation of the development of audiovisual works market in our country,our country should introduce the two " Secondary Remuneration system ",the introduction of the rights of audiovisual works can not only establish a reasonable profit distribution mechanism,the balance between the producers and the interests of the author.This article is mainly elaborated through three parts.The first part introduces the background of introducing the " Secondary Remuneration system t" system in China,and then demonstrates the legitimacy of introducing the "two pay system" in China from two aspects of theory and practice.Then it introduces the main mode of the copyright ownership of audio-visual works,and analyzes the quality of the "t Secondary Remuneration system s" in other countries.According to our current law,audiovisual works copyright ownership mode is the copyright of audiovisual works with original producer,on the basis of the following conclusions,China's two "right of return" is not the absolute right to contract as agreed,the claim right based on contract and compensation.The second part introduces the shortcomings of the "Secondary Remuneration system t" system in China,including the vague scope of the right subject and the stipulation of interest distribution,and analyzes its inspiration to China from the relevant provisions of the author's right system and copyright system.The third part puts forward the construction of audiovisual works "Secondary Remuneration system " system,from the author,remuneration payment scope,subject,standard cost four aspects of construction,about the author,China should take are combined with the independent application way of remuneration,two " Secondary Remuneration system " is expected to achieve revenue after the claim in audiovisual works;the main provisions for the producers to pay more for operation;fee standards should be determined according to the different situation to negotiate.Finally,it is suggested that China needs to speed up the construction of the collective management organization of copyright and clarify the relevant functions to ensure the equality of the party's status.The Secondary Remuneration system of audio-visual works is not a statutory absolute right.It can be excluded by contract.When an unreasonable payment agreement makes the creator's interests damaged,the creator can exercise the two reward right by altering the right of remuneration.When there is no agreement or agreement between the producer and the creator contract,the creator can enjoy the "Secondary Remuneration system " based on the legal relationship of the contract.Therefore,the "Secondary Remuneration system " is not necessarily exercised in practice.The right is put forward as an oath of the creator's lawful economic rights.The system is built to protect the interests of the creator better.