A Review Of The Audio-visual Works System In The Third Amendment Of Copyright Law And Suggestions For Further Optimization

With the development of economy,innovation of technology and increase of capital,China’s audio-visual industry has made rapid progress,and the country is paying more and more attention to the protection of copyright of film works and works formed in a similar way to film making.In order to adapt to the development of the market and solve the prominent contradictions and problems in the audiovisual industry,the system of audiovisual works has been given full attention in the third revision of The Copyright Law of China.From the perspective of the current research situation,many domestic scholars have made detailed analysis on the individual problems of the audio-visual works copyright system,but they rarely discuss the newly revised audio-visual works system in China from the perspective of practical cases and systems.Applicable to this with technology development,the practice closely linked system,on the premise of using different evaluation criteria,the writer tries to "form" and the "ontology" two class evaluation new audiovisual works in the copyright law system,analyzes the related questions of audiovisual works system,and compared with other typical countries,and the international convention,Thus points out the lack of relevant provisions and the direction of perfection.The author thinks that we should learn from "the principle of being regarded as the author",perfect the relevant legal concept,and redesign the system of article 3,Article 17 and other articles concerning audio-visual works in the Copyright Law.In addition to the introduction of the first chapter,there are five chapters to discuss,the main contents are as follows:Chapter two: the deductive course and system of audio-visual works system in China.The first section is the process of institutional deduction,which summarizes the audio-visual works system of the copyright Law of 1990,2001 and 2010.The second section describes the current situation,system,characteristics and influence of audio-visual works in the newly revised Copyright Law.Compared with the 2010 Version of the Copyright Law,the 2020 revised Version of the Copyright Law has made great adjustments in the expression of works,object of rights,ownership of rights and other contents.The newly revised Copyright Law contains basic provisions such as the right of authorship.The substitution clause for the expression of changes and the new clause for the arrangement of "ownership of copyright in audio-visual works other than those specified in the preceding paragraph".Chapter three: from the "form" to explore the logical approach of China’s audio-visual works system.With the help of two evaluation standards of legislative technology and logical value,this paper examines whether the legislative arrangement and internal logic of the system of audiovisual works in China are in line with the thought and principle of "Copyright Law",and finds that the system of audiovisual works in China is in the third amendment of the law.There are still some problems,such as weak system structure caused by lack of concept,complex content structure caused by unnecessary new clauses,and logical system confusion caused by unclear legislative language.Chapter four: from the perspective of "noumenon" to evaluate the legal relationship of China’s audio-visual works system.Using the method of interest balance theory and policy tool theory,this paper analyzes the subject,object and content of the legal relationship in the system of audiovisual works in China from the perspective of judicial practice.It finds that the legal relationship between the author and producer is blurred from the perspective of the subject,and the object of new audiovisual works is difficult to be defined.There are still some deficiencies in the right of authorship and the right of secondary remuneration.Chapter five: the international and foreign experience of the system of audio-visual works.The first section mainly discusses the system of audiovisual works in TRIPs era and post-TRIPS era.The second section mainly cites and analyzes some legislative provisions of developed countries such as Europe and the United States and developed countries such as Japan,South Korea and India in the film industry,and briefly introduces the provisions on the ownership of film copyright in each country’s legislation.The third section further analyzes the feasibility of China learning from foreign legislation by comparing the provisions of Chinese and foreign legislation on film works.Chapter six: Suggestions on the optimization of the system of audio-visual works in China.On the basis of the problems in the previous chapters,the author puts forward the solutions and legislative suggestions for the audio-visual works system in chapter 6.The first section is the logical layout of the provisions of audio-visual works in copyright Law.The second section is the reamendment proposal to article 3 and Article 17 of copyright Law.The third section is the revision suggestion to the relevant provisions of audio-visual works in the Implementation Regulations of copyright Law.