Research On The Equitable Remuneration Of Audiovisual Works

With the continuous advancement of science and technology,China's audio-visual industry is facing an unprecedented development opportunity.The channels for the dissemination of audio-visual works are becoming more and more abundant,and the applicable scale is gradually expanding.As a result,the audio-visual industry chain continues to extend backwards,and the society produced by audio-visual works is thus produced.The total amount of wealth has increased unprecedentedly.However,in view of the current "Copyright Law" in China,the copyright of audiovisual works is owned by the filmmakers,which makes it difficult for the actual founders of audiovisual works to share the proceeds according to the actual use of the works.Therefore,there are producers who make a lot of money from using the works,and the actual creators only get the unbalanced interests of the one-time compensation when creating the works.This situation seriously hinders the development of China's audio-visual industry,and it also runs counter to the principle of inspiring creation in the Copyright Law.Therefore,in order to improve this imbalance and comply with the trend of international legislation,China has set up the “secondary remuneration” of the author of audiovisual works in Article 19 of the Copyright Law(Draft for Review)published in July2014.It is hoped that this will balance the interest gap between the producer and the author,thus achieving the legislative purpose of encouraging authors to innovate,increasing social wealth and promoting the stable and healthy development of the audio-visual industry.However,the system of second-time remuneration set up in Article 19 of China's "Copyright Law(Draft for Review)" still has many problems,which makes it difficult to obtain effective implementation in practice.Therefore,this paper intends to conduct a comprehensive research and analysis through the construction theory of the second remuneration system,the necessity and feasibility of construction,and the legislative experience of extraterritorial countries.Then,combined with the status quo of China's current industry development,it is proposed that China should adopt a combination of statutory and agreed legislative models to set the second remuneration right,and should clarify the rights subject and the obligation subject atthe legal level,and allow the rights subject to authorize the copyright collective management organization to exercise two.The right to remuneration,in addition,should also give the rights subject a certain right to know to ensure that the rights are finally achieved.And hope that through the research of this article,it can help to build a system of second-time remuneration,improve the structure system of China's copyright law,conform to the trend of international legislation,and promote the prosperity and development of China's audio-visual industry.