Research On The Copyright Ownership System Of Audiovisual Works

The copyright ownership system of audiovisual works is an important part of the third revision of copyright law.With the rapid change of information technology and the diversified development of media platforms,the types of works under the original framework of copyright law are no longer able to include the emerging new works.The audiovisual industry is in urgent need of expanding the scope of protection and adjusting the new pattern of interests with a brand new attribution system.Article 17 of the Copyright Law,promulgated and implemented in June 2021,is about the regulation of copyright ownership of audiovisual works,which has realized this legislative purpose to some extent,but there are still a series of problems that hinder the practical application of the regulation.Therefore,further research is necessary.The first chapter is the introduction,which mainly introduces the research background and significance,literature review,research methods and so on.The second chapter of the thesis summarizes and concludes the copyright regulation system of audiovisual works,and points out the existing problems on this basis,and studies the copyright ownership system of audiovisual works from a problem-oriented perspective.The third chapter of this paper first solves the preconceived problem of this study--the concept of audiovisual works.It analyzes and demonstrates the scope of audiovisual works discussed through comparative method.Secondly,it applies the discriminating rules to audiovisual works in the new copyright law.Since the newly revised copyright law further divides the internal types of audiovisual works into movies,TV plays and other audiovisual works,this paper calls it the binary classification rule of genres;in addition,the copyright law applies different copyright ownership principles to different types of audiovisual works on the basis of the classification of genres,which is expressed in this paper by "rules of ownership classification".] To analyze whether there is rationality,based on the realistic characteristics of audiovisual works,based on the theoretical principles such as interest balance,incentive theory,transaction cost,autonomy principle of private law and original attribution of copyright to the author,it is reasonable to analyze and demonstrate that it is reasonable to adopt binary classification of types and apply the rules of distinguishing ownership.At the same time,this paper believes that if the "differentiation rules" established in the 17 th article of the newly revised copyright Law can really exert its value and realize the real legislative intention,it must face up to the existing problems and resolve them.In the following chapters,the fourth and fifth chapters,this paper puts forward targeted solutions,in order to promote the further improvement of the copyright ownership system of Chinese audiovisual works.The fourth chapter is to explore the development and evolution of the audiovisual works copyright attribution system from the perspective of comparative method,based on the rationality of the "distinction right" rule,and analyze and evaluate foreign audiovisual works copyright attribution model,which will lay the theoretical foundation for better improving the copyright system of our country.Chapter five puts forward some feasible suggestions for the improvement of our country’s audio-visual works copyright attribution system on the basis of the previous analysis and demonstration.First,to improve basic legal concepts,including audiovisual works,producers and binary criteria for distinction.Secondly,on the basis of the above analysis of the legislative mode of the copyright of audiovisual works enjoyed by producers in foreign legislation,it is proposed that the copyright ownership of Chinese films and TV plays should follow the basic principle of author standard,and the "constructive mode" should be added to solve the current problem of the producers of films and TV plays enjoying the original copyright.To increase the theoretical transition for producers to enjoy the copyright so as to achieve logical self-consistency,and further analyze the rationality of applying the mode of "legal transfer".Finally,it puts forward some suggestions to improve the ownership rules of "other audiovisual works".In other audiovisual works,the problem of "contract autonomy" caused by producers taking advantage of their dominant position should be avoided,and many contradictions existing in the existing regulations should be faced directly,including ignoring other audiovisual works with a single creator as the main body,and system conflicts are likely to be caused by presuming that the copyright of such audiovisual works applies to the producers.The above contradictions should be corrected,and it is suggested to revert to the provisions of Draft Amendment II,identify specific types of works in individual cases and determine the ownership of rights according to the corresponding norms in the Copyright Law.