The Study On The Copyright Adscription Of Audiovisual Works

The cinematographic works and the works that are created in a similar way to them are the terms used in the current copyright law, but the term "audiovisual works" is used in the draft of the copyright law. The definition of audiovisual works is quite different between the International Conventions and other countries’ legislation. Some countries even don’t use the term. The definition of audiovisual works needs to be cleared by International Conventions. Besides the differences, it’s highly possible that the audiovisual works will include the cinematographic works and television drama in the coming future. The cinematographic works are the most important ones in audiovisual works. The copyright of the audiovisual works is granted to the producer in the common law system. However, it’s granted to the author in the continental law system, but they set up special rules to protect the interests of the producers. Chinese copyright law provides that the copyright of the cinematographic works and the works that are created in a similar way to them is granted to the producer, which generate problems in both theory and practice that need to be amended. Chinese copyright law is a continuation of the continental law system. But copyright granting rules of the cinematographic works and the works that are created in a similar way to them do not conform to the continental law system, and such provisions don’t match the overall tone of Chinese copyright law, so the theory system is not the same in the whole. On the other hand, such provisions which will dampen the enthusiasm of the creators can not fully protect the interests of them. They are harmful to improve the quality of audiovisual works and Chinese competitiveness in cultural market of the world. They are bad for the Chinese long history of outstanding culture going abroad thus enhancing the cultural influence of China. Which have to be revised.There are five parts. The first part is about the definition of audiovisual works. The author tries to define audiovisual works after comparing different definitions in international conventions, the common law system and continental law system. The author focuses on the adscription of copyright in audiovisual works according to theoretical perspective in the second part, and tries to find the answer from the legitimacy of copyright. The third part is about the adscription of copyright in audiovisual works with a comparison method. The author pays attention to the revising of Chinese copyright law in the fourth part, and puts forward that the copyright of film and television drama should be granted to the author, but the producer can exercise the property right. However interested parties can arrange the adscription of copyright through contract in other audiovisual work.