Research On The Application Of Secondary Remuneration System

The consumption of the audiovisual fixations has changed rapidly in accordance with the development of technology. The owners of copyright and related right are eagerly seeking new further controlling methods towards their audiovisual fixations. The introduction of secondary remuneration right system i.e. the equitable remuneration system combines the interests of the users with the interests of the owners and spreaders, which greatly encourages the creations and development of cultural industry.Chapter one introduces the concept, nature, reasonability and protection period, etc. of secondary remuneration right. Normally it’s a redistribution process between different parties, briefly, increasing the proportion of secondary rewards based on the traditional basic rewards, the so-called "first remuneration".As we all know, copyright is an exclusive right subject to the nature of that right, however, the nature of the secondary remuneration right is not exclusive, the owners of the related rights do not have the permission privilege, instead it’s a property right to get paid.There are several ways to determine the amount of the secondary remuneration, such as mutual consensus, a reasonable proportion based on the marketing permission price, or a reasonable proportion stipulated by relevant state bureaus; I will specify this issue in my thesis later.I would like to specify the differences between audio using and audiovisual using of audiovisual fixations in my second chapter, which is quite important to distinguish the international development and to have a clear clue about the differences between different legal terminologies.According to the previous PRC copyright law(before amendment), the concept of audiovisual fixation was translated into luxiangzhipin, which contradicts with the normal understanding of the concept itself. It is understood that the definition of phonogram provided in WPPT means the fixation of the sounds of a performance or of other sounds, or of a representation of sounds, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work.However we used to distinguish the difference between audiovisual fixation and phonogram by looking for the translated concept which did not clearly notify the nature of audio form and audio-visual form.Chapter two describes the historic development of secondary remuneration system. The "International Convention for the protection of performers, producers of phonograms, and broadcasting organizations"(referred to as the "Rome Convention"), "WIPO Performances and Phonograms treaty"(WPPT) only put forward how to protect the issues in the form of audio using, while the Beijing Treaty on Audiovisual Performances extends the scope to audiovisual form performances. Audiovisual fixation means the embodiment of moving images, whether or not accompanied by sounds or by the representations thereof, from which they can be perceived, reproduced or communicated through a device.Hence, I will start my thesis from the difference between audio-form and audiovisual-form; Furthermore, the comparison of Beijing Treaty on Audiovisual Performances and PRC Copyright law suggests that there is no obvious difference in the connotation and extension between the concept of audiovisual fixations and audiovisual works, so there is no significant difference between the above two concepts if without annotation.The Chinese government is increasing the investment into cultural industry, hopefully, the scope of cultural industry is also expanding rapidly, and there are more and more audiovisual works or audio-visual fixations every year, also with a high quality and diversity along with the development of science and technology.In chapter three, I will discuss the issue of how to apply the secondary use remuneration system. First I will introduce the normal situation in European countries such as Germany and France as well as the United States which is under the Anglo American law system. After the comparison I’m trying to find a suitable way to prove the feasibility and operability and to apply the secondary remuneration system in our current copyright protection system.Although the revision of the copyright law copyright can be a highlight spot, because of the provisions are principle and fuzzy, and the corresponding "copyright collective management regulations" has not yet made a detailed supplementary provisions related to, I have reasons to doubt that this will inevitably encounter some problems in practice. As the social and economic situations are quite different in different countries, the legislation pattern is also different, even reasonable and feasible system in a country is inappropriate in another background. Hence I’m trying to give some advice, such as define the objects that are entitled to take the secondary remuneration, who should pay for the corresponding remuneration, how to calculate the amount and how to improve the efficiency and impartiality of copyright collective management organizations.