Research On The Audiovisual Works Copyright Ownership

The attribution of copyright in audiovisual works refers to an institutional arrangement that determines the enjoyment of property rights and personal rights in works by the copyright owner in accordance with legislative rules,as one of the statutory types of works under China’s copyright law.In 2020,China’s Copyright Law underwent a legislative amendment,which not only introduced the concept of "audiovisual works" for the first time to justify the protection of new types of audiovisual works under the Copyright Law,but also made innovations to the rules applicable to the attribution of copyright to audiovisual works on this basis,mainly involving the classification of audiovisual works and the protection of The principle of "agreed priority" for "other audiovisual works".The determination of the rules on the attribution of copyright in audiovisual works has made China’s copyright law system more perfect,and copyright owners can have a law to rely on in exercising their relevant rights and a law to follow in determining relevant issues in judicial practice.However,from the legislative level,there are still problems such as unclear concepts affecting the determination of the subject matter,inconsistency between the rules of ownership and theories,unclear application of the rules of ownership of commissioned works in audiovisual works,and confusion in the judicial application of attribution and unclear reasoning in the determination of audiovisual works.Based on copyright theory,this article adopts literature research,comparative research,case study and typology analysis to analyse and study the copyright attribution system and application of audiovisual works.Basic theoretical issues such as the concept of audiovisual works,the connotation of copyright in audiovisual works and its attribution as well as the principles of establishing the attribution of rights are discussed,and the legislative status of overseas countries such as the United States,the United Kingdom,Germany and France is analysed.On the basis of the preceding analysis,specific legislative proposals are made on the inadequacy of the current legislation on copyright in audiovisual works in China,taking into account the legislative and judicial situation in China: improving the identification of "author" and "producer",introducing a presumption of transfer system,clarifying the ownership of copyright in audiovisual works The copyright in audiovisual works should be clearly attributed to the commissioned works,and the classification standard of audiovisual works should be determined.In relation to the existing problems in China’s judicial practice,suggestions were made at the judicial level,such as resolving the problem of difficulty in determining the attribution of copyright in audiovisual works by means of judicial interpretations,that courts should make comprehensive judgments in determining the attribution of copyright in audiovisual works,and that the guiding role of judicial decisions should be given full play in resolving disputes over the ownership of audiovisual works.