Research On Copyright Issues Of Audiovisual Works

After ten years of revision,the "Copyright Law" has settled down.The replacement of "movie works" and "Movie-like works " with "audiovisual works" is a highlight,which opens a new horizon for the identification of new audiovisual intellectual achievements.But there are still shortcomings: First,the connotation and extension of "audiovisual works" are unclear;The second is that the preservation of video products makes it difficult to grasp the originality of audiovisual works as the upper concept of movie works;Third,the ownership rules of audiovisual works are created based on different types of audiovisual works,and the rationality is doubtful.This brings us new research topics.Based on this,this topic revolves around the aforementioned issues,starts with existing research,defines audiovisual works,divides boundaries,reflects on the original judgment of audiovisual works,and discusses the ownership of the copyright of audiovisual works,in order to help protect the copyright of audiovisual works,and continuously promote the enrichment and perfection of copyright theory.This thesis includes an introduction and a conclusion,with a total of five parts.The first part is introduction.First,ask questions and carry out this research based on the problem;secondly,review the relevant literature to lay a solid foundation for the in-depth study of the problem;finally,sort out the research ideas and summarize the innovations and deficiencies of this article.The second part is to define audiovisual works.First of all,observe the definition of audiovisual works under foreign law,in order to broaden the horizon,seek enlightenment and provide reference.Secondly,it analyzes the definition of audiovisual works in my country’s copyright law circles and legislation,discusses its irrationality,and finds out the problems in order to deal with it scientifically and reasonably.Finally,redefine audiovisual works,define concepts,clarify their connotations and extensions,and draw the boundaries between them and related concepts.The third part is to reflect on the original judgment of audiovisual works.First of all,starting from the case,it leads to the controversy about the originality judgment standard of audiovisual works,analyze the originality standard,conclude that the originality judgment standard should be "with or without",the work can reflect the personality of the author,and it is only necessary to have the minimum originality.Secondly,discuss whether the same theme affects the judgment of originality,and use the principle of dichotomy of thinking and expression to make it clear that the same theme does not affect the judgment of originality.Finally,in view of how the originality of audiovisual works is reflected,analyze the essence and creation process of audiovisual works,and conclude that the originality of audiovisual works is reflected in "camera shooting,picture selection and post-production".The fourth part is to Improve the copyright ownership of audiovisual works.First of all,the new "Copyright Law" replaces "producer" with "producer",which is in line with reality,but the meaning of "producer" is unclear,making it more difficult to identify copyright holders.examine the definition of "producer" in foreign legislation and combine with the reality of my country’s film and television industry to clarify its due meaning.Secondly,the author of audiovisual works lacks standards,and the existence of the word "etc." has caused controversy;Analyze how countries identify the author of audiovisual works,and put forward suggestions on the standards for author identification of audiovisual works.Finally,point out the internal contradictions in the ownership rules of audiovisual works;By analyzing the ownership rules of audiovisual works in various countries,allowing "films and TV series" to have priority in the ownership agreement,adhering to the theory of the author’s rights system,and giving audiovisual works producers with copyright through "presumptive transfer" can resolve internal contradictions in the ownership rules of audiovisual works in my country.The fifth part is the conclusion of the thesis.The new "Copyright Law" replaces "movie works and movie-like works" with "audiovisual works",responding to the real demand for new audiovisual intellectual achievements derived from technological development that urgently need legal protection,it is very worthy of recognition.However,there are still irregularities in the provisions of audiovisual works,and it is for the judges to pay attention to the judgment of the individual cases,and the supporting administrative regulations and judicial interpretations will be clear and perfect.