A Study On The Identification Of Originality Of Audiovisual Works

With the development of science and technology,a series of audio-visual expressions generated by the use of technologies such as sports events,online games,variety shows,etc.,are often classified as work protection in the protection of copyright law due to differences in originality in judicial practice.At the same time,in the context of the third revision of the Copyright Law,the introduction and application of the definition of "audiovisual work" is an inevitable trend.Compared with the original concept,the definition of "audiovisual work" must have a broader scope of protection and can accommodate more Audio-visual expressions.In this regard,through judicial investigation and analysis of three categories of sports event programs,online game overall screens,and "Spring Festival Gala" variety shows that can be included in judicial cases for the protection of audiovisual works,we will examine the original requirements and originality of audiovisual works in my country's judicial practice.The angle of identification of sex and originality have problems in distinguishing standards between works and products.Through problem analysis,starting with the basic theory of the originality of the work,combined with the analysis of "Copyright Law(Revision Draft Submission Draft)","Copyright Law(Draft Amendment)","Copyright Law Amendment(Second Draft)"and the"Copyright Law(Revised in 2020)" concerning the system of identifying the originality of audio-visual works,studying how to identify the most critical originality in the judgment of the type of audio-visual works,and specifically expounding the understanding and views on the originality identification of audio-visual works.The identification of originality should be comprehensively considered in conjunction with the legislative principles of the copyright law and the copyright industry policy:first,the originality requirements of audio-visual works should focus on the basic expression of the work,and grasp the essential expression of the originality of audio-visual works,so that it can be applied to all types of audiovisual works;secondly,the originality requirements of audiovisual works cannot be raised due to the establishment of the neighboring rights of video products in the copyright law system.The essence of the distinction between works and products lies in whether there is creation,that is,whether there is originality or not.It is not high or low.The minimum "creation" should be used to judge the originality of audio-visual works.Thirdly,the originality of audio-visual works can be judged from two aspects:the external and internal elements of originality:First,The external element lies in the original expression of the basic external expression of the audiovisual work.The audiovisual work is based on the elements of "picture" and "sound(if any)".The three main aspects of external expression,such as the combination of sounds,are used to identify the originality of the originality of the audiovisual work in the specific expression;the second,the internal element lies in the originality expressed in the internal elements of the audiovisual picture,and the audiovisual picture may contain plots and characters Intrinsic elements such as roles,theme conception,costume design,scene arrangement,etc.,can be used as an aspect of the originality identification of audiovisual works when they can reflect individualized original expression in specific forms of expression,but not all audiovisual works all have the originality of the inner elements of the picture.Taking into account the variety of audiovisual works,the originality determination of audiovisual works does not require originality in both external and internal elements.It only requires audiovisual works to meet the minimum originality requirements as a whole to be protected by copyright law.