The Research On Ownership Of The Cinematogrephic Works And Some Discussions About Relative Problems

As a kind of audiovisial work,cinematographic work has both high artistic value,cultural value and economics value,which had been developed rapidly in recent years in China.Now cinematographic work is a vital factor in promting the development of the society.It is always a sophiscated work to make a film.Compare to other artistic works,cinematographic works are in need of larger amount of capital to support the filming progress.At this moment,Copyright Law(including all three vision of amendment)gives the film producer the right to be the copyright owner of the cinematographic work,while the authors of the cinematographic work have no other rights than leaving their signiture in the subtitle form and got a reasonable payment from film producers.The first problem is the identity of the film producer:as Copyright Law has not given a clear definition of film producer,which made the identity of film produce is decided by the contracts and similar titles like'producers','publisher'made people even harder to tell the ture copyright owner.The confussion of signatures are caused by both history and current film publication regulation.According to Film Management Regulation,only certain subject has the qualification to make and publishing a film,which made film investors had no choice but to cooperate with those qualified subjects.On the basis of current auditing system,clarifying the identity of film producer is very important in case there will be disputes over the ownership of cinemagraphic works.Except the problems discussed above,copyright owners could sell or give others the licences to use the copyright after cinemagraphic works are made,which would also cause conflicts over the ownership of cinemagraphic works,which is also a significant part of this article.The value of cinemagraphic works is not only embodied in the work itself and the box office that can be expected to collect,but also the operation of derivatives is an important part of the value of works.Along with the continuous development of film derivatives,all kinds of derivative rights of copyright will also be constantly developed.Various types of copyright derivative rights may make it more difficult to identify the owner of the copyright of cinemagraphic works which originally belongs to unclear ownership.At this stage,copyright transactions of cinemagraphic works still take the effective elements stipulated in the contract as the effective elements of ownership change,but compared with other types of works(such as musical works and literary works),the copyright of cinemagraphic works has the characteristics of high value and small quantity.From the objective conditions,the copyright ownership change of cinemagraphic works has the phase of registration as the effective conditions of ownership change.Legislators can consider changing the copyright of cinemagraphic works to registration as an effective requirement,which can further reduce the disputes over the ownership of cinemagraphic copyright in the process of circulation.Especially in recent years,many new ways of raising capital for film shooting,such as the crowd-founding of the profits of cinemagraphic works,will inevitably lead to more diversification of the copyright owners of cinemagraphic works.Registration as the proof of the ownership of film copyright can make the ownership of film works more clear,and can also give the subject legal protection which could make them to invest in film works or purchase the copyright of film works.Finally,from the perspective of the balance of interests in intellectual property rights,this paper analyses the balance of interests between the author,the producer and other copyright owner.Unlike most artistic works,the authors of cinemagraphic works do not has the copyright of the works when the works are completed.How to protect the rights and interests of the authors needs detailed consideration by legislators.In the second draft of the revised Copyright Law,it was clearly stated that the author has the right of "second remuneration"when using the work.Although the subsequent relevant provisions have been changed,the relevant expressions are still retained in the submission for review.From the perspective of cultural development of the whole society,the balance and trade-off between the quality of works and economic interests need to be adjusted at different stages of social development.After a period of rapid development,the development model of capital priority has produced a series of drawbacks.The amendment of the Copyright Law may be a right time to return the legislative tendency to the protection of writers and ideas and creativity.