Research On The Improvement Of Distribution Of Copyright Interests In Cinematographic Works

Cinematographic works are the most special kind of works.They are both commercial and artistic.There are many subjects involved,including the authors and the film makers.According to the provisions of China's current copyright law and industry practice,the overall copyright of a cinematographic works is directly given to the film makers,and the authors only have the right to authorship and the right to remuneration.Therefore,the subsequent transfer proceeds of the works are cut off from the authors,they generally can only obtain fixed labor remuneration according to the contract signed in the previous period.However,the author's remuneration,which relies entirely on private law autonomy,has its drawbacks,which can easily lead to substantive inequality in contract negotiations,and can not cope with the innovation of the way of dissemination and utilization of works,and exacerbate the imbalance of interests among the various subjects.Therefore,we need to ensure the fair and reasonable remuneration of the authors of cinematographic works with appropriate intervention by copyright law.The drafts of the third revision of the copyright law of China stipulate the system of the“Secondary Remuneration Right”of cinematographic works,which led to some controversy.So it is necessary to reconstruct the copyright ownership mode of the cinematographic works andcomprehensively analyze the system of the second reward rights of the authors of the works.Through comparative analysis,literature research,historical analysis and other methods,I make an in-depth study on how to improve the benefits distribution mechanism of cinematographic works in China.The first chapter of this paper introduces the benefits distribution mechanism of Chinese cinematographic works and its shortcomings,including the logical confusion of the copyright ownership rules,the drawbacks of the author's single reward mechanism,and the controversy over the author's secondary remuneration right.The second chapter analyzes the main equity model of the initial distribution of rights and interests of the cinematographic works in China,including the identification of the subject of interest distribution and the analysis of the rules of copyright ownership.Cooperative creation should be used as a criterion for determining the scope of authors of film works and the law should regulate the definition of "producer" and the film signature rules.The third chapter mainly analyzes the secondary remuneration system of the authors,including the definition of the concept,the analysis of legitimacy and the comparison of comparative study of the remuneration mechanism of authors of extraterrestrial cinematographic works.The fourth chapter mainly proposes to improve the mechanism of the rights and benefits distribution of the cinematographic works in China,including reconstructing the copyright ownership rules of cinematographic works,constructing the secondary remuneration system combining statutory and contractual agreements,and clarifying the rights subject,the subject of obligation,the conditions for exercising rights,etc..The fifth chapter summarizes the full text.