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Research On The Rights Protection Of Creators In The Development Of Audio-Visual Works Copyright Chain

Posted on:2021-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:D D ZhaoFull Text:PDF
GTID:2506306245477264Subject:Finance, Taxation and Finance Law
Abstract/Summary:PDF Full Text Request
Network audio-visual industry is an important part of China’s cultural industry.In recent years,with the development of industry,the value of audio-visual works has been further expanded.Based on IP(Intellectual Property)of TV series,movie,Variety Show and animation,audio-visual works have realized new linkage with music,literature,game,e-commerce and other fields.The reason why the audio-visual industry can flourish is closely related to the continuous production of new works by the creators.Protect the rights of creators,the whole industry will have inexhaustible power.However,with the rapid changes in the market environment,the discourse rights of creators have been increasingly divided in the derivative copyright,and some articles in the Copyright Law of South Korea have also created some new discomfort,a variety of reasons lead to loopholes in the protection of the rights of creators.This paper is divided into five chapters,trying to explore what kind of problems the creators have in the new industrial environment,and how to better protect the rights of creators.The first chapter is the introduction part,which makes a whole summary to this research.By combing the development of the audio-visual industry and the current research situation,it can be found that more research stays at the level of new environment and new technology,but less research has been done on the creators themselves,there has been even less research into their rights.According to the existing research basis,this paper will return from the environment to the creator itself,in order to explore a balance of interests.The second chapter discusses the identity of the audio-visual creator,because the production of audio-visual works is more complex,may involve many creators,the exploitation of the copyright chain intensifies this hybrid relationship,thus the interests of disputes.So through the quantification of litigation cases can be seen under the protection of the law,which challenges the rights of creators.Of course,legal protection is only one aspect.The discourse construction and expression analysis of media reports can put the creators under the social environment and reflect more new controversies.The third chapter is in the previous chapter on the basis of quantitative research to analyze the existing regulatory system in the end what are the problems.As a special law for the protection of copyright holders,Copyright Law of South Korea has three main deficiencies in the new environment,including the creation,use and relief of copyright.Other relevant laws would have been complementary to the Copyright Law of South Korea,but as the environment has been changing far faster than the law,new problems have arisen in practice.Non-legal form of regulation is because the system is not perfect,and can not achieve a good protection.Chapter IV from the perspective of the balance of interests to consider the exercise of the rights of creators.Too much emphasis on the protection of the rights of creators will lead to excessive rights of creators and affect the development of other stakeholders and industries.This paper discusses the balance of three groups: the first group is between different creators,the second group is between creators and industry chain,and the third group is between creators and Internet service providers.Clear the relationship between different stakeholders and points of contention,can better maintain the sound development of the industry.The fifth chapter is hoping to find a way to improve and promote the protection of creators’ rights under the balance of interests.On the basis of reviewing the problems and analyzing the current situation and the reasons,this paper gives three suggestions:the first is the improvement of relevant legal regulations;The third is also a new proposal of this paper,that is to build the self-censorship system of service providers.
Keywords/Search Tags:Audio-visual works, Copyright Chain Development, creators, rights protection
PDF Full Text Request
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