Study On The Right To Secondary Remuneration For Audio-visual Works

As a comprehensive form of artistic expression,audio-visual works have the characteristics of high capital investment,large creative team and complex composition.Therefore,the distribution of the interests of audio-visual works has always been a dispute in copyright.China's current "Copyright Law" has no specific provisions on the above issues.In the face of problems arising from practice,there is no good solution.At the time of the revision of China's "Copyright Law," legislators have made bold innovations in the copyright system of audiovisual works..Although the revision of the Copyright Law led to the concept of the second right to remuneration,it did not clarify the specific content of the second right to remuneration.This paper attempts to compare and analyze foreign representative legal provisions,and at the same time combine the three drafts of the revised draft of the Copyright Law and the provisions in the draft for review,which can correctly understand the copyright legal relationship of audiovisual works.The revised contents of the "Copyright Law" put forward valuable suggestions on the basis of objective and reasonable evaluation.The first chapter is about the second remuneration and the significance of the system.With the rapid development of China's cultural industry,the film industry has also developed rapidly.The concept of "movie works and works created by film-like methods" in China's current "Copyright Law" cannot cover the scope of all audio-visual works.We need to modify The Copyright Law is adapted to the emerging types of audiovisual works in the current society.This new concept was introduced in the third revision of China's "Copyright Law".This is not only a system change for China's film and television industry,but also a great change for the law,reflecting China's determination to attach importance to and protect original works.The second chapter is an introduction to the second right to remuneration of audiovisual works.Explain the meaning and nature of audio-visual works and the subject and ownership of their copyright rights,and propose the concept of second-time remuneration.The three revised drafts of the Copyright Law have different provisions on the connotation and the subject of rights.By comparing the provisions of each draft,the connotation of the most suitable audiovisual works in China is summarized,and the difference between the second remuneration and related concepts is reviewed and analyzed.To make a better explanation of the system.The third chapter discusses the different provisions of the civil law countries and the common law countries on the second remuneration of audiovisual works.The typical representatives of civil law countries are Germany and France.There are provisions in the legislation that clearly specify the distribution of remuneration.The legislation is clear.The typical representatives of common law countries are the United States and the United Kingdom.There are no legal provisions on the distribution of remuneration in their legislation.In practice,the copyright law management organization is usually regarded as a party to the payment distribution clause,and most of them have a relatively complete third-party organization management system.By analyzing the status quo of two different legal systems countries,the article puts forward suggestions for the construction of this system in China.The fourth chapter analyzes the "second remuneration" system.Through the legislative practice of the second remuneration right of audio-visual works in China,the problems existing in the system are proposed.At present,the system is not clear enough in the preliminary research stage,the formulation of the subject is not detailed enough,and the protection of interest distribution is not perfect.The distribution of interest in audio-visual works in China lacks a system with effective practice,complete legal structure and clear distribution of benefits.The new law is urgently needed to solve this problem.The construction of the second system of remuneration is to protect the author's weak position and balance the interests of other subjects.Therefore,it is necessary and feasible to construct the second remuneration of audiovisual works.The fifth chapter is the proposal to introduce the system of second remuneration of audiovisual works in China.First of all,it is necessary to clarify the exercise of the right to remuneration of audiovisual works,including the payment method and the scope of the subject.It is necessary to clarify the subject and payment method for the second remuneration,and secondly,to guarantee the second remuneration system.Relief,such as the establishment of a collective management organization for the second remuneration of audiovisual works,the organization will deal with the second remuneration issue together,and the increase in legislation may stipulate the second remuneration system as a clause that can be agreed upon and increase profits.The terms of the claim.Finally,it's the summary chapter.This paper mainly summarizes and analyzes the reconstruction of the audiovisual works system in this revision.We must first clarify the rights subject of audiovisual works,and then learn from the foreign cash experience of the system,establish a second system of remuneration on the basis of China's national conditions,protect the interests of various creators,protect original works,and improve China's cultural industry.