On Cinematographic Works And Its Copyright Ownership

On general, the films are the complicated combinations of different intellectual creations. It brings the work of many creative achievements of human intelligence and links its artistic together, which makes the legal issues related to cinematographic works more difficult and complex problems in the field of copyright law, of which the most important will be the copyright ownership. For this problem, there have been related comprehensive regulatory mechanisms in accordance with national conditions all over the world; there have also been full of analysis and demonstration as to the theory study. In comparison, there are many problems and shortcomings in China's current copyright legislation, such as legislation fuzzy, standard deletion. There are not much relevant discussions on this topic within domestic academic. Therefore, the author attempts to analyze this problem and propose some improvement measures.There are three parts in this thesis.In the first part, the author points out that the definition of cinematographic works in the existing legislation is too traditional, lagging behind the technological development, making a lot of new audio-visual class work cannot fall into "movies" or other type of work, which is not good for copyright protection. Then the author will provide a redefinition of cinematographic works, drawing experiences from abroad films legislation. In this regard, the author proposes the composition of films should not contain elements of "shooting", but should reflect the essential characteristic of cinematographic, which could make those new audio-visual Work into the scope of protection. In the second part, the author will point that there is not a clear definition on the nature of the cinematographic works in our legislation, which makes the relationship between the original and the cinematographic works obscure. Therefore, there is a need to learn from foreign legislative model and make it clear on the nature of the cinematographic works in our legislation, as well as determine the relationship between the cinematographic works and its original.In the third part, the author will propose a special mechanism and system for China's cinematographic works copyright, and formulate reasonable and scientific rules, with a comprehensive coverage of economic rights and moral rights of attribution mechanisms; with a accurate identification of co-authors to avoid the controversy; with some proposals that the author of musical works should receive reasonable compensation when the musical work is used in the cinematographic works.