Research Of Copyright Ownership Of Cinematographic Work

The creation of cinematographic work needs tremendous capital and manpower.It also needs to utilize and gather many existing works and various kinds of creatively actions.The creation of cinematographic work is a collaborative intellectual achievement which makes the creation become a very special form of work.So the controversies of copyright are always happened in movies works especially for attribution problems.To establish a copyright ownership system for movies works needs to define the detailed nature of cinematographic works in different level and balance the interests for all related creditors by using corresponding exercising regulations.Many countries have created their own regulations of the copyright ownership for cinematographic works based on their own tradition and national condition.The China Copyright Law contains regulations for such problems but the definition is ambiguous and the ownership framework is unreasonable.China National Copyright Administration announced to start 3~rdd amendment for Copyright Law on 13~thh July 2011.This amendment concerned many field.To fix the problem of copyright in cinematographic works was also an important part in this amendment.Specialists and scholars made big changes for related regulations.In this article the author will contrast the content of existing China Copyright Law and the related content of the 3~rdd amendment to analyze relevant problems from copyright ownership in cinematographic work.The author will also compare to the regulations from other typical countries and international convention to point out the deficiency in existing regulations and indicate the direction of consummating.This Article has three sections.Section 1:The Copy Right Ownership of Cinematographic works which acts as Derivative Works.Cinematographic works always use a mass of existing works as the foundation of creation.Such existing works are usually known as original works or foundation works.The relationship between original works and cinematographic works and whether the author of original works can be entitled to the copyright of cinematographic works are the missing part from the existing regulations of China Copyright Law.There has a big improvement in this 3~rdd amendment,but it still has some unreasonable clauses.The author will contrast the content of existing China Copyright Law and the related content of the 3~rdd amendment to analyze relevant problems from copyright ownership in cinematographic work.In the mean while,the author will also combine with corresponding juridical practices and learn from other countries to propose the reconstitution of“Production Right”thus in effect making the cinematographic works become a derivative works of original works.The adaptation of cinematographic works is also suitable for the regulation of derivative works.The author will ensure the specificity of derivative works that the cinematographic works can be used without the permission from original author.Section 2:Copyright Ownership of Cinematographic works act as“Joint Works”.To balance the interests between film producers and movie originators is key points of the copyright attribution for huge funding and lots of creation and intelligence achievements cohesion cinematographic works.Many countries have made different choices for such cinematographic works based on their tradition and national condition.The regulations of China Copyright Law are feasible so far,but it still has some unreasonable clauses.The author will try to identify some joint works based on the nature of movies and ensure the specificity of such joint works.In the meantime,the author will combine with several kinds of International legislation model and ensure the choice of legislation grounds to conclude that the copyright of cinematographic works shall be attributed to producer and joint writer shall enjoy definite moral rights and legal rewarding rights to better promote their positivity to create higher quality works.Section 3:To exercise the copyright of“Individually usable works”in cinematographic works.“Individually usable works”is a component element in cinematographic works which has independent copyright.The author who has the copyright of such works easily clashes with movie producer when exercising the copyright.To resolve such conflicts is the emphasis of establishing exercising regulations for individually usable works.The existing China Copyright Law only has one principle regulation shows that the owner of individually usable works has right to exercise its copyright separately,but there is no identification standard for“Individually usable works”and“Exercising its copyright separately”.According to the definition concepts from related cases and abovementioned two sections the author will analyze the copyright exercising regulations of“Individually usable works”from the angle of derivative works and joint works to consummate the excising regulations of cinematographic works.