Research On The Ownership Of The Copyright Of Audiovisual Works

The process of audiovisual works from production to dissemination and use is complicated and specific.The improvement of ownership rules does not happen overnight.This article uses the newly effective Copyright Law in 2020 as the starting point,combining international conventions and typical copyright systems and authors The relevant provisions of the rights system legislation analyze the scientific and rationality of the copyright ownership norms of audio-visual works under my country’s current regulations,as well as the feasibility of foreign legislative experience in my country,and put forward suggestions for improving the ownership rules of audio-visual works in my country.The first chapter mainly summarizes the disputes in the copyright protection of audiovisual works in Chinese.Since conception of audiovisual works and film works has some different views,it will be explained about the relationship of two words from the point of international treaties.Then there will be analyzation concerning the unreasonableness of the law in the term authors of audiovisual works which lead to the debate of lack of moral rights therefrom,and the independent use of the works of identification and ownership of rights also be mentioned.The second chapter is the definition of audiovisual works and the identification of authors.The definition of audiovisual works is the basis for providing protection,and the identification of authors is a prerequisite for copyright ownership.In the definition of audiovisual works,the concept and manifestation of audiovisual works can be clear by analyzing the revision of the international treaties regarding audiovisual works and comparing the legislation of different countries,which is helpful to the revising of Chinese author’s right law.Author’s identification is divided into the "creative principle" and the "deemed as an author" principle according to the author’s rights system and the copyright system.Under the "creative principle",there are two legislative models,author statutory and open author list.Chinese Law is more inclined to open the author list model,which is of great significance to the emerging new creative models and new types of works as well as the determination of copyright ownership.The third chapter mainly introduces the general attribution rules-the author enjoys author’s right.This is also the basic principle that should be followed in the audiovisual works.However,this principle has different way to use in both system.Natural persons have ability to perform creative activities,so only natural persons can be the authors and fully enjoy copyright.However,in the copyright system,the qualification of copyright owners is not limited in natural persons.This chapter mainly clarifies the general attribution rules of copyright in the two types of systems,then sorts out to make evaluation.The fourth chapter introduces the special attribution rules in copyright contracts-the attribution of the rights of works that can be used i.Due to the characteristics of complex and deduction in audiovisual works,the normal use of works can only be promoted by properly handling the relationships within the works.As our country’s copyright law has relatively simple regulations on works that can be used independently,the chapter turns to focuse on how the author’s rights system dealing with the works can be used independently in other country,then hope to clarify the ownership relationship between audiovisual works and works that can be used alone,and provide a reference for the improvement of the ownership rules of works that can be used alone.The final chapter is a summary of suggestions on the copyright rules of audiovisual works,including suggestions on how to a better application of the current law,how to do in future amendments in law,and the improvement of the copyright’s contract rules of audiovisual works.Also,for better adjustment on the copyright’s contract,the civil code plays an important role.